MEMORANDUM OF APPEAL AND REVISION UNDER SECTION 378 Cr PC

Introduction:
The human mind and by extension human actions are not beyond fallacy and errors. This is
particularly important to remember in the course of criminal justice. With this perspective, it is
important to understand in-depth how the memorandum of appeal and revision work under section
378 of the Criminal Procedure Code. ( S BNSS)
BNSS Criminal Procedure Code comprises detailed provisions regarding memorandum of appeal
and revision.
Meaning of Appeal and Revision
Beginning with the meaning of these terms, a memorandum of appeal denotes a written document
containing among other details the grounds on which the decision of a court is challenged. The
person who files a memorandum of appeal is called an appellant. Interestingly, the word ‘appeal’
has not been defined in the BNSS Criminal Procedure Code. A Memorandum of revision similarly
is a document filed when the person alleges that the decision passed by the court is erroneous and
should, therefore, be revised and set right. Unlike, review where usually the case is re-examined in
the same court by the same judge, revision implies revising the judgment by a higher court than the
one that delivered it. Section 397 to Section 405 includes powers of revision whereas section 372 to
Section 394 includes provisions related to the memorandum of appeal.
It should also be noted that while an appeal is a legal right conferred upon the citizens by the laws
of India, revision is left to the discretion of the courts. In Hari Shankar v. Rao Ghari Chowdhury
AIR1963 SC 698, the difference between revision and appeal was briefly discussed. It was
observed by the Supreme Court that while appeal included within itself the right to re-examine facts
as well as the questions of law, revision is a way for the superior courts to intimate itself with the
details of the proceedings of the case satisfy itself that the case has been decided according to the
laws that govern the land.
Format of a Memorandum of Appeal and Revision
[ Replace CrPC with BNSS, IPC with BNS, IEA with BSA]
The format of a memorandum of appeal is different from that of a petition. A petition requires all
the facts and details to be included in the petition. This is not the case in the memorandum of an
appeal. The rules for a memorandum of appeal are the same for both the Supreme Court and High
Courts.
The format for a memorandum of appeal is as follows:
The format is broadly divided into two parts formal and material part.
1. Formal Part

 Heading of the case

 Name of the parties
 Introductory details of the state of the appellant
Material Part
 Grounds for appeal

The heading of the case should include details such as the name of the court, addresses of the
parties. It is a common practice to mention the address of the appellant first. The introductory
details of the appellant are inclusive of the particulars of the orders/decrees from which the appeal
arises.
It should be noted that while the valuation of the appeal is not required to be paid beforehand
according to the Criminal Code of Procedure but it should be mentioned in the memorandum of
appeal. The memorandum of appeal can be filed by any of the parties involved in the case. There is
no restriction as to who can file the memorandum of appeal.
The grounds for appeal should be written concisely and clearly and should not be argumentative in
tone. It is important to present all the grounds with great clarity and lucidity and in an economical
manner. It is preferable to write the grounds for appeal in pointers.
After having written the details such as the court name, name of the judges and the parties, a
general statement such as “May it Please Your Honour,
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For the following among other grounds, the appellant herein begs to prefer this appeal against the
judgment dated……of the Judicial Magistrate ……………………………convicting the appellant
under Section 411, I.P.C. and sentencing him to undergo 6 months’ R.I. and to pay a fine of Rs.
____” can begin the memorandum of appeal.
Having written about the memorandum of appeal, it is now time to see how a memorandum of
revision is written.
Before beginning with the format of the memorandum of revision, it is important to understand that
in a memorandum of revision, one calls for examination of correctness and legality of the order or
judgment passed. Again, the Criminal Code of Procedure has not defined the term ‘revision’.The
Supreme Court in Amit Kapoor vs Ramesh Chander & Anr(2012) 9 SCC 460 observed “the
revisional jurisdiction can be invoked where the decisions under challenge are grossly erroneous,
there is no compliance with the provisions of law, the finding recorded is based on no evidence,
material evidence is ignored or judicial discretion is exercised arbitrarily or perversely.”
Limitation Period
Appeal in High Court can and should be filed within 60 days starting from the date on which the
trial court or the lower court passed the judgment or the order against which the appeal is being
sought.
Joint Petition Appeal
Joint petition appeal is permitted against several individuals accused of some offense/crime and are
subsequently acquitted by a trial court or some subordinate court.
Principles for Grant of Appeal

1. It can be granted in a case where the High Court has reversed an order of acquittal and
sentenced the accused to capital punishment.
2. In case the High Court has ordered a case to be withdrawn from a trial court for it to be tried
before it and has convicted the accused to either imprisonment for life, imprisonment for a
period not less than 10 years, or sentenced the accused to death.
3. If the High Court grants a certificate for special leave.
4. If the person accused has committed an offense that comes under original criminal
jurisdiction.
A person cannot file for a grant of special leave of appeal if the judgment passed against him or her
calls for imprisonment for 6 months and an amount of fine that does not exceed Rs. 1000.
Dismissal of Appeal
The court may summarily dismiss an appeal after it is satisfied that there are no grounds for
interfering. Before that certain essentials that have to be fulfilled. They are as follows –
1. An opportunity has been given to the appellant or the pleader on behalf of the appellant to be
heard.
2. The court may dismiss before giving an opportunity to the appellant to be heard if it considers
that the appeal is frivolous.
3. Before the period of preferring the appeal has expired.

Relevant Sections of CrPC

1. Section 378: Section 378 is divided into 6 sub-sections and provides for rules in appeal in
case of acquittal.
2. Section 382: It requires that every appeal shall be presented in form of a petition in writing
which should be presented by either the appellant himself or herself or by a pleader on his or
her behalf. It should contain a copy of the original judgment/order against which the appeal
has been filed.
3. Section 383: This section provides that if the appeal has been filed by someone who is in jail
then he or she shall be required to present his petition of appeal and the other accompanying
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documents to the officer in charge of the jail who shall then resent it to the appropriate
appellate court.
4. Section 384: It lays down the essentials that need to be fulfilled to dismiss an appeal
summarily. It is provided that no appeal shall be dismissed before the appellant or his or her
pleader has been allowed to be heard and until the period allowed for preferring such appeal
has expired. Sub-section 2 also empowers the court to call for the records of the case if not
done already.
5. Section 385: This section provides for the procedure to be followed if the appeal is not
dismissed summarily. It states that a notice specifying the time and place at which the appeal
will be heard should be given to the appellant or his pleader. If the notice is not provided then
it would amount to not giving an opportunity to the appellant or his or her pleader an
opportunity to be heard. It is obligatory on the part of the court to provide a notice of hearing.
6. Section 397: This section empowers the High Courts to call for records of the case from any
inferior court or session court to examine the proceedings of the case for entertaining a
petition of review. It also empowers the High court to suspend any order passed by the
inferior court and for the accused if in confinement to be released. Sub-section 2 also states
that “The powers of revision conferred by sub-section (1) shall not be exercised in relation to
any interlocutory order passed in any appeal, inquiry, trial or other proceedings”.
7. Section 398: This section provides that the High Court judge or Session Judge may direct the
Chief Judicial Magistrate or any other subordinate judge for further inquiry into the matter or
complaint which had been dismissed under section 203, 204(4) or for an offense for which
the accused has been discharged.
8. Section 399: This section enumerates the revision power of a judge. It states that a session
judge may exercise all or any powers under section 400(1) which are exercised by the High
Court in relation to the call for any records of the case or proceedings. It also states that the
call for revision by the person when entertained by the session judge and then subsequently
an order is passed in this regard, then such an order is final and the person will not be allowed
to file a petition of revision in High Court or any other court.
9. Section 400: Section 400 provides that an Additional Session shall have the same power and
the power to exercise those powers as a session judge.
10. Section 401: This section is divided into five sub-parts and lists the powers of the High Court
in relation to a petition of revision. It states that no order should be made to the prejudice of
the accused or until the accused has been given adequate opportunity to be heard. It is also
stated that nothing in this section empowers the High Court to convert a verdict of acquittal
into one of conviction. “In the case of any proceeding the record of which has been called for
by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion,
exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391
or on a Court of Session by section 307 and, when the Judges composing the Court of
revision are equally divided in opinion, the case shall be disposed of in the manner provided
by section 392.”
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Memorandum of Appeal

IN THE COURT OF PRINCIPAL SESSIONS JUDGE, WARANGAL

Cri. Appeal No....of 2021
Raju S/o _______ R/o __________ ..........Appellant
v.

STATE OF TELANGANA .................Respondent

May it Please Your Honour,

For the following among other grounds the appellant herein begs to prefer this appeal against the
judgment dated..... .of the II Addl Judicial Magistrate of First Class Warangal convicting the
appellant under Section 411 I.P.C. and sentencing him to undergo 6 months' Rigourous
Imprisonment and to pay a fine of Rs. ____.
Grounds For Appeal
1.That the conviction is bad in law.
2. That the judgment of the lower Court is not according to Section 354 of the Cr. P.C., 1973.
3. That the learned Magistrate should have inferred from the conduct of the appellant deposed to by
the Investigating Officer that he was absolutely straight-forward in his dealings and that such a
conduct of the appellant as has been deposed to by ......................... would hardly be consistent with
his guilty knowledge.
4. That the learned Magistrate should have believed that the articles were purchased bonafide for
proper market price and inferred from that the absence of any guilty knowledge of the appellant
5. That the learned Magistrate should have taken into account the representation made to him by the
alleged thief.
6. That the articles sold were common articles of every day use found in the possession of people of
even modest means.
7. That the learned Magistrate should have disbelieved the evidence of P W 5 and alleged that it
belonged to Shri Mallanna, and should have held that it was an ordinary and common article and
was incapable of identification in the absence of any special mark or name.
8. That the learned Magistrate should have believed the Defence witnesses who deposed having
seen articles sold to the appellant some five months prior to the incident.
9. That the lower Court ought to have given the benefit of reasonable doubt to the appellant and
acquitted him.
In the circumstances stated as above, the appellant prays that your honour may be pleased to admit
the appeal, call for the record, release the appellant pending disposal of the appeal on bail and after
hearing the case set aside the order of conviction and sentence or pass such other order as the ends
of justice may call for.
Date
Place. Advocate for Appellant.
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APPLICATION FOR GRANT OF BAIL

IN THE COURT OF PRINCIPAL SESSIONS JUDGE, WARANGAL
Crl M.P NO. __________ OF 2020
IN THE MATTER OF:
Raju S/o _______ R/o __________ …..APPLICANT
VERSUS
STATE OF TELANGANA ….RESPONDENT/COMPLAINANT
FIR NO. ________
U/S____________
POLICE STATION: SUBEDARI

APPLICATION FOR GRANT OF BAIL UNDER SECTION 437 OF CODE OF CRIMINAL

PROCEDURE, 1973
Most Respectfully Showeth:
1. That the accused above named was arrested by the police on …… and is in judicial custody since
then. It is alleged that on……, the accused was suspiciously moving on Adalath chourata,
Hanamkonda when the police apprehended him, searched, and recovered 3 gms. of smack from his
pocket.
2. That the accused has been falsely implicated in the instant case and he has nothing to do with the
alleged offence.
3. That nothing was recovered from the possession of the accused or at his instance and the so-
called case property has been planted upon the accused.
4. That the accused is a law abiding citizen and belongs to a very respectable family. He has never
indulged in any illegal activities and commands respect and admiration in his locality.
5. That on…….(date), the accused found some persons selling smack near Hanamkonda
Chourasta. The accused immediately reported the matter to the police as the result of which police
also arrested some of the persons. Since that time, those persons who were arrested at the instance
of the accused were threatening the accused to falsely implicate him in a criminal case in collusion
with the police. The accused made a complaint in this regard to the Dy. Commissioner of Police,
true copy of which is annexed hereto as Annexure-A.
6. That after the said complaint, the accused was called by the Vigilance Department, Hyderabad
who enquired into his complaint. A true copy of the said notice issued by the Vigilance Cell is
enclosed herewith as Annexure-B.
7. That it is unimaginable that the accused who made a complaint against the sellers of smack,
would himself indulge in such activities.
8. That the accused is a permanent resident of Warangal and there are no chances of his absconding
in case he is released on bail.
9. That there is no chance of the accused absconding or tempering with the prosecution evidence in
the event of release on bail.
10. That the accused undertakes to join the investigation as and when directed to do so.
11. That the accused is not a previous convict and has not been involved in any case of this nature
except the present case.
12. That the present case is a result of clear manipulation by the police.
13. That the accused from all accounts is an innocent person.
PRAYER:
It is therefore respectfully prayed that the accused may kindly be released on bail during the
pendency of this case.
APPLICANT
Place: THROUGH
Date: ................ ADVOCATE
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APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL

IN THE COURT OF PRINCIPAL SESSIONS JUDGE, WARANGAL

Crl M.P NO. __________ OF 2020

IN THE MATTER OF:
Rajeev S/o _______ R/o __________ …..APPLICANT
VERSUS
STATE OF TELANGANA ….RESPONDENT/COMPLAINANT
FIR NO. ________
U/S____________
POLICE STATION: SUBEDARI

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER SECTION 438 OF

THE CODE OF CRIMINAL PROCEDURE, 1973
Most Respectfully Showeth:
1. That the Applicant is a young man aged 20 years residing at ______, Hanamkonda. He is also a
Director of M/s. ABC Ltd. which is a very leading company engaged in the manufacture of
electrical appliances.
2. The Applicant is a very respectable person of his locality and is a peace-loving citizen.
3. That the Applicant was on friendly terms with Miss Rani major daughter of the Complainant.
However, the relationship of the Applicant with Miss Rani was not liked by her family members so
much so that they had stopped Rani from meeting the Applicant and had threatened her that in case
she meets the Applicant, they will implicate the Applicant in some false criminal case.
4. That Miss. Rani had also written several letters to the Applicant calling upon him to marry her as
she had feared that her family members may sabotage her relationship with the Applicant, which
shows that the family members of Miss. Rani was deadly against the Applicant and was looking for
some opportunity to falsely implicated him in some false criminal case to pressurize him to severe
his relationship with Rani.
5. That on …….(date), the Applicant had gone to meet his friend, who is residing in the
neighborhood of Rani. When the Applicant reached the house of his friend, he was suddenly
attacked by her father, uncle and brother of Rani as a result of which he fell and sustained
abrasion/injuries. The Applicant’s friend came to the rescue of the Applicant and with great
difficulty; the Applicant was saved from the clutches of Miss Y’s family members by other
neighbors and passersby.
6. That the police has registered a false FIR against the Applicant. A bare perusal of the said FIR
reveals that the brother of Miss Y attacked the Applicant and not vice-versa. The aggressor has
manipulated the police and has falsely implicated the Applicant. The Applicant is the victim at the
hands of the Complainants who have conspired with the police and got this case registered against
them. The photostat copies of the letters written by Miss Rani to the Applicant are annexed
herewith.
7. That the FIR registered against the Applicant is absolutely false and incorrect. The Applicant is
not at all involved in the alleged offence and has been falsely implicated by the police.
8. That the Applicant apprehends that he may be arrested in pursuance of the aforesaid false and
fictitious complaint.
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9. That the police officials have visited the premises of the Applicant in his absence and there is
every likelihood of his being arrested in the instant case.
10. That the Applicant undertakes to join the investigation as and when directed to do so.
11. That the Applicant is a permanent resident of Delhi and there is no chance of his absconding in
case he is granted anticipatory bail.
12. That the Applicant has never been involved in any criminal case except the present one.
PRAYER:

It is, therefore most respectfully prayed that the accused may be released on bail in the event of his
arrest and appropriate directions in this regard may please be sent to the concerned Investigating
officer/S.H.O. Any other order/orders which this Hon’ble Court may deem fit and proper on the
facts and circumstances of this case may also be passed.
APPLICANT
Place:
Date:
ADVOCATE
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IN THE COURT OF THE PRINCIPAL DISTRICT JUDGE, WARANGAL

Civil A.S.No. OF 2021

In
O.S.No 200 of 2010
BETWEEN
A ………..Appellant / Plaintiff
And
B ……………Respondent/ Defendant

APPEAL FILED UNDER ORDER 41 RULE 1 OF CPC

I. Description of the Appellant

A S/o Age Occu: Address……

The address for service of all processes, notices etc on the appellant is that as described above.
Advocate name
TS/ /2021
Cell No.
E Mail

II. Description of the Respondent

B S/o Age Occcu: Address

The address for service of all processes, notices etc on the Respondent is that as described above.

This appeal is preferred against the decree dated (date) passed by Second Additional Senior Civil
Judge, at Warangal in O.S.no. 200 of 2010

(LOWER COURT CAUSE TITLE)

IN THE COURT OF THE SECOND ADDITIONAL SENIOR CIVIL JUDGE, WARANGAL

BETWEEN
O.S.No. 200 of 2010

A ….Plaintiff
And
B ….Defendant

BRIEF FACTS OF THE CASE

III. ( Summary of plaint)

IV. ( Summary of Written Statement)

GROUNDS OF APPEAL
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1. The judgment and decree under appeal is bad in law, as such liable to be set aside
2. The defendant in his WS categorically denied the execution of ………Except the plaintiff
as PW1 , no witnesses were examined in support of case of the plaintiff.
3. Non production of defendants evidence is not a ground to the plaintiff to decree the suit, as
the plaintiff has to establish his case, with his own strength
4. The suit is filed after lapse of statutory period of limitation as such the trial court ought to
have dismiss the suit on the said ground alone.
5. The lower court did not apply of his mind to dispose of the suit.
6.
7.
8.
9. The lower court (ie ) Hon’ble Second Additional Senior Civil Judge, Warangal passed the
judgment and decree by dismissing the suit, hence this Hon’ble Court has jurisdiction to
entertain the appeal.
10. The appeal is filed within the limitation. The date of decree is on (date). The copy
application was filed on (date). The certified copy of decree and judgment was taken on
(date.)
11. Court Fee: the suit being recovery of money, the value of the appeal is of Rs ….., decretal
amount, and Rs …….interests, totaling to Rs. ….. as such the court fee of Rs…….is paid
under Section of APCF and SV Act, 1956

PRAYER
Therefore , it is prayed that the Hon’ble Court may be pleased to allow the appeal as
hereunder
a) Allow the appeal as against the judgment and decree dt ……in O.S.No. 200 of 2010
passed by the Hon’ble Second Addl. Senior Civil Judge, Warangal
b) Costs of the proceedings may be awarded
c) Any other relief to which theAppellant is entitled be awarded.

Date : COUNSEL FOR THE APPELLANT

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BEFORE THE HONOURABLE JUDGE, FAMILY COURT, HYDERABAD

F.C.O.P.NO. 2020
BETWEEN:
XXXXXXXX (wife) ………PETITIONER
AND
YYYYYY(Husband) ……….RESPONDENT

PETITION FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT

[RESTITUTION OF CONJUGAL RIGHTS]

DESCRIPTION OT THE PETITIONER : name w/o …..(respondent) aged Religion: Hindu,

Occupation : R/ ……
The address for service of all processes, notices etc on the petitioner is that as
described above.
DESCRIPTION OF THE RESPONDENT:
The address for service of all processes, notices etc on the petitioner is that as
described above.

1. The petitioner is the legally wedded wife of the respondent. The marriage of
petitioner and the respondent took place on (date) as per Hindu rites at …………….. FUNCTION
HALL, ………………., HYDERABAD. The marriage was an arranged marriage. The petitioner
hailed from a well to do and respectable family. At the time of the marriage, the parents of the
petitioner gifted …… tolas of gold jewellery, ….. lakhs of rupees, silver puja articles, and other
utensils to the petitioner as Stridhana to establish her marital home. This gift was in addition to the
customary presentations exchanged between the families of the petitioner and the respondent worth
more than Rs amount. The marriage was not registered. The marriage was consummated and
the petitioner and respondent started living in their marital home at Plot-………, ……..,R.R.Dt.
The petitioner and respondent were blessed with two children ie; [1](name) [DOB ] and [2]
(name) [DOB ] who are presently under the custody of the respondent. The elder daughter is
studying ……class and residing in the school Hostel. The son is studying …. class and is staying
with the respondent. The petitioner and the respondent lived happily till the members of the family
of the respondent adversely interfered into the marital affairs of the petitioner and respondent.
2. It is respectfully submitted that, there were no serious disputes between the
petitioner and the respondent till the members of the family of the respondent, especially sisters of
the respondent, interfered in their marital affairs and succeeded in creating disharmony between
them. The petitioner loved and respected the respondent and attended on him as his dutiful wife in
all circumstances. She fulfilled all his emotional needs and treated him with love and affection.
The petitioner loved the respondent and discharged her duties towards him and his members of his
family whole heartedly. The petitioner submitted to her husband wishes and complied with all his
reasonable demands. As the petitioner loved the Respondent and appreciated his hard work she
gave her stridhana consisting of Rs. .. lakh and …. tulas of gold to the Respondent for purchasing
an open plot and construction of house. Some of the stridhana of the petitioner was also invested
the business of the Respondent.
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3. The petitioner and the respondent lived happily along with their two children in their
own house at …….. Nagar,RR dist. The Respondent has let out 7 portions in three floors and is
getting rents to an extent of more than Rs.80,000/. In addition, the respondent is getting more than
Rs.2 Lacs per month on his business “…………….” situated at KPHB..
4. It is further submitted that the petitioner and respondent requested the respondent’s
father to stay with them. The respondent’s father agreed and came to Hyderabad and started living
with the petitioner and respondent. Taking advantage of the same, sisters of the respondent visited
their house frequently and started harassing the petitioner mentally and succeeded in creating
misunderstanding between the petitioner and the respondent. The petitioner tolerated the same and
requested the sisters of the respondent not to interfere in their personal life and they didn’t listen.
They continued to harass the petitioner. Because of the mental torture by the respondent and his
sisters, the petitioner became sick. The petitioner requested the respondent several times to change
his attitude towards her and show some love and affection towards her. The respondent showed his
love towards the petitioner in the absence of his sisters but behaved adversely when he was
influenced by his sisters. The petitioner never disrespected her father-in-law and used to attend to
his basic needs when he was bedridden.
5. The petitioner has told the respondent several times that because of the interference
and influence of his sisters; their marital life is getting disturbed and requested him not to come
under their influence. As such the sisters started harassing the petitioner mentally and shown
grudge towards her. The respondent and his members of his family did not allow her to go to her
parents house. Because of this disturbance the petitioner never used to visit her parent’s house or
relatives or talk to them. As a result, the petitioner became sick, depressed and attracted stress
related problems.
6. The petitioner submits that she is missing the love and affection of their children
also. Both the children are under the custody and influence of the respondent. When the petitioner
was staying with the respondent, the respondent dissuaded the children from talking to the
petitioner. The petitioner is attached to her children. She used to take care of the children and used
to take them to tuition centre and used to fulfill all their basic needs. Recently when the elder
daughter suffered from “ Chicken pox” in the month of August 2018 the respondent did not allow
the petitioner to serve her or to see her, instead the respondent called his sister for looking after his
daughter. The reason for such odd behavior is not known to the petitioner.
7. In the month of September, 2014 when the petitioner questioned the respondent as to
why he was behaving oddly, ill-treating her and not allowing her to mingle with the children, the
respondent beat her severely in the presence of children and caused grievous injuries. When the
children tried to protect the petitioner, the respondent threatened them with dire consequences.
When petitioner went to Hospital the hospital authorities informed the Police because of the
severity of the injury and registered MLC on (date). The SHO KPHB Police registered a criminal
case against the respondent vide ……(no) of 2014 on (date). The police arrested the respondent
and sent him to remand. The same case was compromised later at the trial stage and the petitioner
and respondent along with children lived together till …….., 2019.
8. The petitioner humbly submitted that when the petitioner was staying with the
respondent at ……..Nagar, KPHB Colony, the Respondent sent a Divorce notice dated (date) to the
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house address of the Petitioner’s father. The notice was not received by the petitioner’s father as
the petitioner was not saying at his house. The same notice was taken by the Petitioner from ……
Nagar Post Office. Later the Respondent filed a divorce petition in the month of June in the Family
Court at LB Nagar on the grounds of cruelty. In the divorce petition, the respondent mentioned the
address of the petitioner as that of her parents. The petitioner was residing with the respondent at
the time of filing of the divorce petition. The respondent being under the influence of his sisters,
filed the divorce petition on false and vexatious grounds, only to harass the petitioner emotionally
and mentally .The petitioner did not file the counter as she is staying with him at his house.
9. The petitioner humbly submit that the petitioner unable to bear the mental and
physical torture and isolation by the respondent, and not being allowed to talk to her children, left
the house of the respondent in October 2019. The Respondent never allowed the petitioner to cook
food and kept her in a room without lights. The respondent denied all the basic necessities of the
Petitioner and demanded for divorce by mutual consent against her wishes. Because of the mental
depression, she left him and went to her parent’s house at ……Hyderabad.
10. The petitioner is ready to lead a happy marital life with the respondent and she wants
the love and affection of her children also. The petitioner is much affectionate towards the
respondent and wants to join his conjugal society.
11. Cause of action- The cause of action for the petition arose in the month of October
2019 when the petitioner left the house of the respondent. The respondent created the
circumstances in such an extent that the petitioner could left him. The petitioner is ready to join the
conjugal society of the respondent but he is refusing to join her.
12. Jurisdiction : The Petitioner is residing ……….. Hyderabad District within the
limits of Hyderabad Muncipal Corporation as such this Hon’ble Court is having jurisdiction to
entertain the petition
13. Court Fee: the petition is filed for restitution of conjugal rights under the Hindu
Marriage Act, 1955 as such the fixed court fee of Rs 10/- is paid under Schedule II Article vii of
TSCF and SV Act which is sufficient
PRAYER
i. Therefore the petitioner prays the Honourable court may be pleased to pass order directing
the respondent to receive the petitioner immediately and restore conjugal life with her in
the interests of justice.
ii. Costs of the proceedings be awarded
iii. Any other relief to which the petitioner is entitled be awarded.

Hyderabad Petitioner
(date)
Verification:
I the petitioner do hereby declare that the contents of the above petition is true and
correct to the best of my knowledge. Hence verified and signed on this the day of April 20-- at
Hyderabad .
Hydeabad Petitioner
(date)
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IN THE COURT OF THE HON’BLE FAMILY JUDGE, HANUMAKONDA

O.P.No. OF 20--
Between
G…………( Husband) ……Petitioner
And
V……(Wife) ….Respondent

PETITION FOR DISSOLUTION OF MARRIAGE BY A DECREE OF DIVORCE UNDER

SECTION 13 (I) (I-a) and (i-b) of HINDU MARRIAGE ACT

1. Description of the Petitioner:- The petitioner

, Hindu, aged …. years Occupation: ………….. , ……………, Hanankonda R/o H.No.
……………, Kazipet, Hanamkonda Warangal
The address for service is the same as above

2. Description of the Respondent:- The respondent V………….w/ o.

……….. Hindu aged about . years, H.No …………………….. Mandal, Warangal, Telangana
The address for service is the same as above

3. The petitioner is the legally wedded husband of the respondent, the marriage
having been solemnized on (date) at …….Garden, Hanankonda in accordance with the rites and
rituals obtaining in the community of the petitioner and the respondent. The marriage is not
registered therefore there is no certificate of marriage. There are no children born out of wedlock
even though the marriage was consummated immediately after marriage. The respondent stayed
with the petitioner in his house only for four days, remaining period lived with the respondent in
her rented house at ……………..

4. This is the first application under the provisions of Hindu Marriage Act.
There is no collusion between the spouses and the petitioner is not taking advantages of any wrong
or disability of his. There is no unnecessary or improper delay in instituting this petition.

5. The petitioner requested the respondent several times to shift his parents
house or in a rented house at Kazipet as the petitioner is working at ………. and the respondent at
Kazipet. Whenever the petitioner requested her, she vehemently opposed her wish. The respondent
has no intention to leave her unmarried sister and live separately with the petitioner.

6. On several occasions the respondent insulted the petitioner by saying that the
 14

petitioner is getting only a meager salary of Rs. 10,000/- p.m. The respondent did a fraud on the
petitioner by informing the petitioner that she was only 25 years old at the time of marriage but
actually she was more than 35 years of age. She played fraud on the petitioner.

7. The respondent has deserted the petitioner without any reasonable cause and
she was not ready to join the petitioner, the petitioner approached before Women Police Station
Warangal in the month of August 2015 and gave a complaint that the respondent has deserted the
petitioner and not ready to join the conjugal society of the petitioner. Even though the respondent
appeared before the Police Officer but failed to participate in the counseling.
8. The respondent has deserted the petitioner without any reasonable cause and
not ready to join the conjugal society which amounts to cruelty.
9. The petitioner got a notice issued on 01-11-2015 to the respondent calling her to join the
petitioner’s conjugal society within 7 days. It was served to the respondent and the
respondent got issued reply denying all allegations and is not ready to join the petitioner.
The petitioner issued a reply notice on 19-11-2015 in the same address of the respondent but
she has refused to receive the reply notice.
10. The respondent does not wish to continue the bond of marriage. The
respondent has deserted the petitioner without reasonable cause and without the petitioner’s consent
and she is not ready to leave her unmarried sister and join the conjugal society of the petitioner in
Kazipet
11. Cause of action:- Cause of action arose on the date of marriage (i.e) on (date) and on the
dates on which the petitioner has approached the Police Station and finally on 04-11-2015
and 19-11-2015 the days which notices got issued to the respondent by the petitioner .Cause
of action arose at Kazipet.
12. Valuation:- A sum of Rs.10/- is paid under Schedule II Art 1 (VII) of the
Court Fee Act. This being a petition for the dissolution of the marriage under the Hindu Marriage
Act.
13. Jurisdiction:- This Hon’ble Court is vested with jurisdiction to entertain the
petition since the marriage took place at …..Garden, Hanamkonda which is within the time of
Warangal Municipal Corporation.

14. The petitioner therefore prays that

(a) His marriage with the respondent be dissolved by a decree of divorce
(b) Cost of the proceedings be awarded to him
(c) Any other relief to which the petitioner is entitled be granted to him.

-01-20-- Petitioner
Verification:

Solemnly affirmed and signed before me by the deponent on this Day of January, 20-- at
Warangal.

ADVOCATE
 15

[CAUSE TITLE] [PROFORMA]

IN THE COURT OF THE HON’BLE

FAMILY JUDGE, HANUMAKONDA

O.P.No. OF 2016

Between
G……
……Petitioner
And
V………….
….Respondent

LIST OF DOCUMENTS FILED BY

THE PETITONER

Filed on: -02-20--

Filed by :

(name)
ADVOCATE
 16

IN THE COURT OF THE HON’BLE FAMILY JUDGE, HANUMAKONDA

O.P.No. OF 2016
Between
G……. ……Petitioner
And
V………… ….Respondent

LIST OF DOCUMENTS FILED BY THE PETITIONER

S No. date parties Description

______________________________________________________________
1. (date) petitioner/respondent Marriage invitation
2. 04-11-2015 petitioner Office copy of the legal notice
3. 10-11-2015 ,, Acknowledgement with receipt
4. 14-11-2015 Respondent Answer to the legal notice
5. 19-11-2015 Petitioner Reply notice
6. 24-112015 Petitioner Returned cover with
acknowledgement due with
receipt

- 02-2016 COUNSEL FOR THE PETITIONER

 17

EXECUTION PETITION
IN THE COURT OF PRINCIPAL (JUNIOR/SENIOR/DISTRICT) JUDGE, WARANGAL

E.P. NO. _____ OF 20--

IN
O.S NO. ________ OF 20--

A … DECREE HOLDER
Versus
B …JUDGMENT DEBTOR

THE DECREE HOLDER PRAYS FOR EXECUTION OF THE DECREE/ORDER DATED

DD/MM/YYYY, THE PARTICULARS WHEREOF ARE STATED IN THE COLUMNS
HEREUNDER

1 No. of Suit
2 Name of Parties
3 Date of Decree/order of which
execution is sought
4 Whether an appeal was filed
against the decree / order under
execution
5 . Whether any payment has been
received towards satisfaction of
decreeorder
6 Whether any application was
made previous to this and if so
their dates and results
7 Amount of suit along with interest
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

PRAYER: The Decree Holder prays that the execution of the decree passed in the case may be
granted.

Decree Holder

Through Counsel for Decree Holder

Place:
Date:

VERIFICATION:
Verified on…..at……that the contents of this application are true to my knowledge or belief.

Decree Holder
Note: Students are required to fill in the details in the table above as per the facts of the case.

* The application for execution shall be accompanied by a duly certified copy of the decree or
order.
 18

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT WARANGAL

E.P. .No. of 2021
In
OS NO …….. OF 2010
Between:
P……. …. Decree Holder / Plaintiff
AND
1. C…..
2. S ……. …Judgment Debtors / Defendants

EXCECUTION PETITION FILED UNDER 21 RULE 11 BY THE DECREE

HOLDER

1. Suit Number : O.S.No. ………… of 2010

2. Name of the Decree Holder : P……. W/o ………

Hindu aged yrs household
duties R/o,
, Hanumakonda
Warangal

1. Name of the Judgment Debtors: 1. C……………. ,

S/o…………………, ….. yrs,
Employee in …….. Department,
R/o H.No.
, Hanamkonda, Warangal
2.S…………. S/o ……….
,
( address)

2. Date of Decree : ( date)

3. Whether any appeal preferred from decree : Yes

A.S.No….. of 20-- and
dismissed on ( date)

4. Previous application if any with the date and result: Yes, E.P.No ….. of
20-- preferred against the exparte
order dated ( date)
Later the exparte order was set aside.
5. Payment or adjustment if any : An amount of Rs 50,000/- was
deposited on (date) before the
Hon’ble Court as per the conditional
order dated …………….
6. Whether decree transferred or not: not

7. Amount with interest due upon:

Decree amount Rs. 94,792/-
Interest @12% on 94,792/- from
(date) to (date) (6Y 2M 5D ) Rs 70,305/-
( from the date of the institution of the suit to the date of the decree)
Interest @ 6% p.a. on Rs 50,000/-
from (date) to (date) (4Y 10M) Rs 17,500/-
( from the date of decree to the filing of EP)

Costs of the suit Rs 7,728/-

 19

Grant total Rs 1,90,325/-

Amount deposited by the J Dr No.1 in the Court Rs 50,000/-
Amount due as on (date) ( Rs 1,82,597/- - Rs 50,000/- ) Rs 1,40,325/-

8. Amount of costs if any awarded : Advocate Fee Rs 10.000/-

Costs of the E.P Rs 5000/-

9. Against whom to be executed : Against Judgment Debtor no.1

( full address and employment)

10.Mode in which the assistance : By attaching the salary of J.Dr 1 under

Order 21 Rule 46 of CPC
11.Prayer :
The Decree Holder filed the suit for recovery of Rs 94,792 /- together with interest and
costs of the suit, suit was decreed on (date) and judgment Debtors are directed to pay Rs 94,792/-
with costs together with interest @12% per annum, from the date of filing of the suit till the date of
decree, interest @ 6% p.a. on Rs 50,000/- from the date of decree till the date of its realization and
costs of the suit amounting to Rs 7,728/- . The judgment Debtors are not obeyed the decree. The
Decree Holder seeks to execute the decree against Judgment Debtor No.1.
The Decree Holder submit that Judgment Debtor No. 1 is in receipt of a salary of about Rs
60,000/- out of which Rs 1000/- and 2/3 rd of the remainder are exempt from attachment under
Section 60(1)(i) CPC .,leaving a balance of Rs 19,666/- which is attachable.
It is therefore prayed that
1. Amount of Rs 1,55,325/-( one lakh fifty five thousand three hundred and twenty five only)
may be realized on attachment of salary of Judgment Debtor No.1 under Order 21 Rule 46 of
CPC
2. Costs of the E.P be realized
3. Any other relief to which the decree Holder is entitled be granted

Hanamkonda
(date) DECREE HOLDER

VERIFICATION: I, the Decree Holder do hereby declare that the contents of the above E.P is
true and correct to the best of my knowledge, hence verified and signed on this ( date) at
Hanamkonda.

COUNSEL FOR THE DECREE HOLDER DECREE HOLDER

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT WARANGAL

 20

E.P .No. of 2021

In
OS NO …… OF 2015
Between:
P……….. …. Decree Holder
AND
1. C………..
2. S…………….. …Judgment Debtors

AFFIDAVIT

I P………, W/o ………………., Hindu aged …. yrs household duties R/o …………,
……………………, …………………, Hanumakonda, do hereby solemnly and sincerely affirm
oath as under.
1. I am the Decree Holder herein hence acquainted with facts
2. I have filed the above suit for recovery of money (Rs 94,792/-) together with interest and cost
of the suit and an exparte order was passed by this Hon’ble Court on (date). The
defendants/JDr have directed to pay the plaintiff/DHr a sum of Rs 94,792/- together with
interest at 6% per annum on the principal amount Rs 50,000/- and cost of the suit amounting
to Rs 7728/-.
3. The Judgment Debtors herein not obeyed the decree of the Hon’ble Court. Therefore I have
filed the Execution Petition vide E.P.No…… in 20-- to execute the decree by way of
attachment of the salary of the Judgment Debtors no.1. The E.P.No. ….. of 20--- become
infructuous later when the exparte order was set aside
4. In the above Execution Petition the Hon’ble Court was passed an order for attaching the
salary of the Judgment Debtor No.1 on (date).
5. It is humbly submit that two applications were filed by the judgment debtor no.1 vide I.A.No.
….. /20-- and I.A.No. …. of 20-- dated (date) for setting aside the exparte order dated (date)
and to receive the written statement of JDr No.1/ defendant no.1. The JDr no. 1 has also filed
an Execution Application Vide E.A.No. of 20-- in E.P.No. …. of20-- for cancellation of the
attachment of the salary. I have filed a counter in that application. The above Interim
applications was allowed by the Hon’ble Court on a condition that JDr no.1 shall deposit half
of the decreetal amount on or before (date). In compliance of the conditional order dated
(date) of the Hon’ble Court , the JDr no.1 deposited an amount of Rs 50,000/- ( Rupees fifty
thousand only) before the Hon’ble Court on (date) in E.A.No. .. of 20--.
6. Then the Hon’ble Court was pleased to set aside the exparte order against the JDr No.1 and
conducted trial and decreed the suit on (date) . The Hon’ble Court has directed the JDrs to
pay an amount of Rs 94,792/- with costs amounting to Rs 7728/- to the DHr /plaintiff together
with interest @12 % per annum from the date of filing of the suit till the date of decree and
thereafter @ 6 % p.a on the Principal amount of Rs 50,000/- from the date of the decree till
the date of its realization.
7. The Judgment Debtor no. 1 then preferred an appeal Vide A.S.No. … of 20--- against the
decree and judgment dated (date) in O.S.No …..of 20-- and same appeal was dismissed by the
 21

Hon’ble Principal District Judge, Warangal on (date). The Certified Copy of the judgment is
filed herewith. .
8. It is submitted that I am entitled the amount of Rs 50,000/- which was deposited by the JDr
no.1 on (date). I am having Savings Account in ……Bank, Excise Colony Branch
vide SB A/c No. ………………... I have filed a separate petition for the same
9. It is submitted that the Judgment Debtors did not obey the decree as per the order of the
Hon’ble Court. I submit that Judgment Debtor No. 1 is in receipt of a salary of about Rs
60,000/- ( Rupees Sixty thousand only) . I am advised that out of which Rs 1000/- and 2/3 rd of
the remainder are exempt from attachment under Section 60(1)(i) CPC leaving a balance of
Rs 19,666/- is attachable.
10. It is submitted that as the original exparte order dated (date) was set aside, the Execution
Petition filed by me vide E.P.No. …..of 20-- become infructuous.
It is therefore I pray that an amount of Rs 1, 55,325/- ( one lakh fifty five thousand
three hundred and twenty five only ) may be realized on attachment of salary of Judgment Debtor
NO. 1 under Order 21 Rule 46 in the interest of the justice.

Date:

Decree Holder/ Deponent

VERIFICATION:- Solemnly affirm and signed before me by the decree holder on this
……………………

Advocate
 22

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE AT WARANGAL

E.P.No. of 2021
In
OS NO …. OF 2015
Between:
P…… …. Decree Holder/ Plaintiff
AND
C………….and anr. …Judgment Debtor / Defendants

AFFIDAVIT

I P…………., W/o…………….., Hindu aged yrs household duties R/o ………….,

………….., …………………., Hanumakonda, do hereby solemnly and sincerely affirm oath as
under.
1. I have filed the above suit for recovery of money (Rs 94,792/-) together with interest and
cost of the suit. The said suit was decreed by the Hon’ble Court on(date) in my favour and
the Judgment Debtors/Defendants were directed to pay Rs 94,792/- with interest at 12% p.a.
from the date of filing of the suit till the date of the decree and thereafter an interest at 6%
per annum on Rs 50,000/- and cost of the suit amounting to Rs 7728/-.
2. The Judgment Debtor not obeyed the decree of the Hon’ble Court. Therefore I have filed the
Execution Petition No….. in 20-- to execute the decree by way of attachment of the salary of
the Judgment Debtor no.1.
3. On my filing the Execution Petition No….. in 20-- the Hon’ble Court was pleased to pass ex-
parte orders attaching the salary of the Judgment Debtor no. 1. The Judgment Debtor no.1
then filed an Execution Application to set aside the said ex-parte order passed by the Court.
On filing of the said Execution Application by the Judgment Debtor no.1 the Hon’ble Court
passed a conditional order on (date) directing the Judgment Debtor no.1 to deposit the
half of the decreetal amount. In compliance with the conditional order of the Hon’ble Court
the Judgment Debtor no.1 deposited an amount of Rs 50,000/- on (date) in E.A.No. of 20--.
4. The Judgment Debtor no. 1 then preferred an appeal Vide A.S.No. ….of 20-- against the
decree and judgment dated (date) in O.S.No ……. of ----- and same appeal was dismissed
by the Hon’ble Principal District Judge, Warangal on (date) .
I therefore humbly pray that the Execution Petition No EP No…… of 20---- in the OS
No…… of 20-- on the file of this Hon’ble Court become infructuous.

Date Deponent

VERIFICATION:- Solemnly affirm and signed before me by the Respondent on this day of
February , 2019.

Advocate
 23

SUIT FOR PERMANENT INJUNCTION

IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE WARANGAL

O. S No . ____________ OF 2021
IN THE MATTER OF:
Sh. ……. .… PLAINTIFF
AND
1. Dr.
2. T…….. ….. DEFENDANTS

SUIT FOR PERMANENT INJUNCTION

1. Description of the Plaintiff: Sh. …….S/o. ___________-, R/o. Hnk , Warangal

…………………..

The address of the plaintiff for the purpose of the summons, process , notices etc is as
mentioned above and whose address of the counsel is given below

NAME
TS/ /2021
Advocate
Address, Warangal, 506001

2. Description of the defendants …………

Dr. ……. S/o________, R/o .
T……..S/o ______ R/o ………..Warangal

The address for service of process, summons and the notices on the Defendants is same as
mentioned above

Brief facts of the case

3. The plaintiff is the permanent resident of the above mentioned address in property bearing
no. ________ Hanamkonda, Warangal for the last many year and is living with wife and
minor children, as a tenant.

4. The plaintiff is a tenant in respect of the above said property bearing

no_____________Hanamkonda , Warangal consisting two rooms, latrine and kitchen in the
above said premises of Rent Rs. …….per month excluding electricity and water charges
under the tenancy of late Sh_________ who died on ……..(date) and late Sh. _____ used to
collect the rent from the plaintiff but late Sh. _____did not issue any rent receipt to the
plaintiff even after several demands made by the plaintiff but he always used to postpone
the issue of rent receipt.

5. The plaintiff spent a huge amount on the construction of these two rooms in the above said
premises at the request of Late Sh. _____and Sh. _____assured the plaintiff to adjust the
said rent (the plaintiff is having the necessary documents/proofs of material for construction
of rooms in the above said property). It is also pertinent to mention here that the plaintiff
looked after late Sh. ______ many a times, whenever he fell ill.

6. At present the plaintiff is having the peaceful possession of premises no.

____________Hanamkonda, Warangal and is having the whole necessary documents/record
regarding possession (photocopy of Ration Card, School Card is enclosed herewith) but the
 24

above said defendants are intended to disturb the peaceful physical possession of the
plaintiff of the above said premises.

7. The plaintiff is having the whole necessary household goods which are lying/kept in the
above said premises and is living peacefully.

8. The plaintiff has paid the agreed rent @ Rs. …… per month to late Sh. ______upto …... It
is also pertinent to mention here that the legal heirs of late Sh. ______are not in the
knowledge of the plaintiff and at present also the plaintiff is ready to tender the rent before
the legal heirs of late Sh. _________.

9. On ……..(date) the above said defendants came to the above said premises of the plaintiff
and threatened the plaintiff to vacate the tenanted premises immediately otherwise the
plaintiff would have to face dire consequences, when the plaintiff asked about their identity
then they did not disclose the same, instead started throwing household goods forcibly and
illegally and started to quarrel with the plaintiff when the local residents/neighbours
intervened in the matter then the defendants left the spot after threatening for dire
consequences and to dispossess the plaintiff forcibly and illegally in the near future with the
help of local goondas. The defendants openly stated that the staff of police ………dances at
their tune and it is very easy job for them to dispossess any person or to grab the property of
any one with the help of the police staff.

10. That immediately on the same date the plaintiff rushed to the police …….to lodge his
report against the defendants regarding such incident but duty officer did not lodge the
report of the plaintiff. The plaintiff was surprised to see that both the defendants were
already present at the Police Station …….

11. On ………(date) , the plaintiff sent a notice to the defendant no. 1 and copy to ……..
Incharge Police Station ……. by Regd. Ack. (copy of the same is enclosed herewith) but
Police Station ……… staff has not taken any action against the defendants for reasons best
known to them.

12. On …….. (date), the defendants along with two unknown persons/ whom the plaintiff can
recognise by face, came to the above said premises bearing no. _______ Hanamkonda, and
knocked at the door at odd hours and threatened the plaintiff to come out of the room. The
plaintiff saw their faces from gaps of the door and the plaintiff got nervous, and therefore
did not come out of two-room apartment. The said persons threatened the plaintiff to vacate
the premises immediately. However, then the neighbours gathered there and they restrained
the defendants from dispossessing the plaintiff from the above said premises forcibly and
illegally. When the neighbours threatened them, they left the spot with a threat to come after
one or two days with heavy force to dispossess the plaintiff from the above said premises
forcibly and illegally.

13. On ……(date), the plaintiff again went to the police Station ……. to lodge the report
against the defendants but no Police Officer of police station ……. is ready to listen against
the defendants and they advised the plaintiff to approach to the competent court of law to
seek his remedy and to get injunction order against the defendants and the police post ……..

14. The plaintiff has no other efficacious remedy except to approach to this Hon'ble court for
seeking relief of injunction against the defendants from interfering in the peaceful
possession of the premises no. __________Hanamkonda, Warangal.

15. Cause of action: The cause of action arose on different date when the defendants threatened
the plaintiff to vacate the premises no. __________Hanamkonda, Warangal and threatened
 25

the plaintiff of dire consequences and further to dispossess him from the above premises
bearing no.__________Hanamkonda, Warangal forcibly and illegally. The cause of action
lastly arose on ……. when the defendants again threatened and tried to dispossess the
plaintiff from 16 the premises no. ______ Hanamkonda, Warangal forcibly and illegally
with the connivance of the Local Police. The cause of action still subsists as the threat of the
defendants to dispossess the plaintiff and to create disturbance in the peaceful possession of
the premises no.______ Hanamkonda , Warangal continues.

16. Court fee: The value of this suit for the purposes of court fee and jurisdiction is Rs. ---------
on which court fee of Rs. ___________is paid.

17. Jurisdiction: This Hon’ble Court has jurisdiction to entertain this suit because the part of
the cause of action arose at Warangal and the suit property is situated within the territorial
jurisdiction of this Hon’ble Court.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

(a) pass the decree for Permanent Injunction in favour of the plaintiff and against the defendants
thereby restraining the defendants, their representatives, employees, agents etc. from dispossessing
the plaintiff forcibly and illegally from the tenanted premises bearing no. ______ Hanamkonda _,
Warangal and also from interfering in the peaceful possession of the above said premises.
(b) award cost of the suit in favour of the Plaintiff and against the Defendants;
(c) pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.

Plaintiff

Counsel for the Plaintiff

Place:
Date:

VERIFICATION: Verified at Hanamkonda on this …..of May 2021… that the contents of paras 1
to .. of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in
the ordinary course of its business, those of paras .. to … are true on information received and
believed to be true and last para is the humble prayer to this Hon’ble Court.

Plaintiff

NOTE : This plaint has to be supported by an affidavit

CIVIL PLEADINGS
 26

IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, WARANGAL

O.S.No No. OF 2021
Between
M/s ABC Pvt. Ltd. A Company
Incorporated Under the Companies Act,
Having Its Registered Office At ………,
Warangal. Through its Director Shri…………… …….. PLAINTIFF
And

M/s XYZ Ltd. A Company Incprporated Under

The Companies Act. Having Its Registered Office
At ………., Warangal Through its Director Shri… …….. DEFENDANT

PLAINT UNDER SECTION 26 ORDER 4 RULE 1 CPC FOR RECOVERY OF RS. . 4,

19,200/-
I.Description of the Plaintiff: M/s ABC Pvt. Ltd. A Company Incorporated Under the Companies
Act, Having Its Registered Office At ………, Warangal. Through its Director
Shri……………………

The address of the plaintiff for the purpose of the summons, process , notices etc is as
mentioned above and whose address of the counsel is given below

NAME
TS/ /2021
advocate
Address, Warangal, 506001

II.Description of the Defendant: M/s XYZ Ltd. A Company Incprporated Under The Companies
Act. Having Its Registered Office At ………., Warangal Through its Director Shri…
The address for service of process, summons and the notices on the Defendants is same as
mentioned above
III FACTS OF THE CASE:

a. The Plaintiff is a Company constituted under the Companies Act having its registered office at B-
40, ………, Warangal . Mr. P. Executive Director of the Plaintiff is a duly constituted attorney of
the Plaintiff and is authorized and competent to sign and verify the plaint, vakalatnama etc. and to
institute this suit on behalf of the Plaintiff.
b. The Plaintiff carries on the business of construction, engineering and designing. The Plaintiff is a
builder of international repute and has earned a big name in its business.
c. The Defendant is a Company incorporated under the Companies Act having their registered
office at ……Warangal.
d.The Defendant approached the Plaintiff for construction of a building for their paper mill at
Warangal some time in the year …..
5. That the plaintiff and the defendant entered into an agreement for the construction of a building
as per the site plan and specifications.
6. That the Plaintiff constructed the building and handed over the possession of the same to the
Defendant sometime in…...(date).
7. That on ………(date), the Plaintiff raised the final bill for Rs. 4,19,200/- on the Defendant on
account of the construction of their paper mill at Warangal against which the Defendant handed
over cheque No. 213456 dated ……..(date) for Rs. 4,19,200/- drawn on Punjab National Bank,
………, Warangalto the Plaintiff.
8. That the cheque was presented by the Plaintiff, however the same was dishonoured upon
presentation vide bank memo dated……
 27

9. That the Plaintiff immediately informed the Defendant about the dishonour of the said cheque
and called upon the Defendant to make the payment of the said amount along with interest @ 18%
per annum. However, the Defendant failed to pay the same to the Plaintiff despite repeated requests
and reminders.
10. That the Plaintiff therefore finally issued a legal notice dated …….(date) to the Defendant
calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along with interest at
the rate of 18% per annum w.e.f. ……..(date) upto the date of payment. However, no payment has
been made by the Defendant despite the said notice.
11. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @ 18% per
annum from the date on the Plaintiff’s bill. The Plaintiff is, claiming interest from……(date) upto
the date of filing of this suit @ 18% per annum.
12. That the cause of action in favour of the Plaintiff and against the Defendant first arose in 2000
when the Plaintiff was approached by the Defendant for construction of their paper mill. It further
arose in…….. when the said building was completed and handed over to the Defendant and on
……. when the Plaintiff submitted the final bill for Rs. 4,19,200/- to the Defendant. The cause of
action arose on all dates when the Plaintiff called upon the Defendant to make the payment and the
later failed to comply with it. The cause of action is still subsisting as the Defendant has failed to
pay the outstanding amount despite repeated oral and written requests and reminders from the
Plaintiff.
13. The suit is within the period of limitation.
14. This Hon’ble Court has jurisdiction to entertain this suit because the part of the cause of action
arose at Warangal. The contract for construction of the paper mill was entered at Warangali, all the
payments upto this date have been made at Warangal and the payment of the outstanding amount
was also to be made at Delhi. The Administrative Office of the Defendant is situated at Warangal
where they carry on the work for their gain.
15. The value of this suit for the purposes of court fee and jurisdiction is Rs. --------- on which court
fee of Rs. ___________is paid.
PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to :-
(a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with
interest @ 18% per annum from ……(date) upto the date of filing the suit in favour of the Plaintiff
and against the Defendant;
(b) award pendentlite and future interest at the rate of 18% per annum on the above stated amount
of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two Hundred only) with interest @ 18% per
annum from …..(date) upto the date of filing the suit in favour of the Plaintiff and against the
Defendant;
(c) award cost of the suit in favour of the Plaintiff and against the Defendant; and
(d) pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case

Counsel for the Plaintiff Plaintiff

Place:
Date:
VERIFICATION: The plaintiff hereby declares that the contents of the above plaint are true and correct to the best of
her knowledge. Hence verified and signed on this March, 2021.

- -2021 Advocate

Counsel for the plaintiff

NOTE : The above plaint must be supported by an Affidavit
Note: A student should mention the correct paragraphs in the verification and also focus on territorial and pecuniary
jurisdiction
 28

IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AT WARANGAL

O.S.No. of 2021
Between:
XXXXXX and others …….Plaintiff
And
YYYYYYY and anr ….Defendants

SUIT CLAIM: SUIT FILED FOR DECLARATION AND POSSESSION OFTHE SUIT
SCHEDULE PROPERTY ANDPERPETUAL INJUNCTION

PLAINT FILED UNDER ORDER 7 RULE 26 R/W SECTION 26 CIVIL

PROCEDURE CODE,1908

I DESCRIPTION OF THE PLAINTIFF:

First plaintiff is the X , Son of Late ,, Aged years, Occupation:…….. employee,

Resident of I ……… Village of Station …………… District.

The second plaintiff is the…………, Son of Late……,, Aged ….. years, Occupation:
…………..,, Resident of …………Village of Station ……………..District

The third plaintiff is the………., Son of Late Rajaram,, Aged …… years, Occupation:
Agriculture, Resident of H.No. …………….,, District

The fourth plaintiff is the ………….., Son of Late………,, Aged ….. years,
Occupation:……………… Resident of………………..,, District

The Plaintiffs 1, 2 and 4 being represented by their GPA the Plaintiff No.3

The address of the plaintiff for the purpose of the summons, process , notices etc is as
mentioned above and whose address of the counsel is given below

NAME
TS/ /2021
advocate
Address, Warangal, 506001

II DESCRIPTION OF THE DEFENDANTS

The first defendants is the…………,Son of…………..,Aged ….. years, Occupation:……,
Resident of…………, ……, Hanamkonda, Warangal

The second defendant is The Tahsildar, ……..District

The address for service of process, summons and the notices on the Defendants is same as
mentioned above

III FACTS OF THE CASE:

a) It is submitted that from the ages immemorial, Late ……………..has been the

pattedhar of the land in an extent of acres 9-14 guntas in survey No.1008 situated in R……. Village
 29

the Hamlet of …..Village of Station ………Mandal, presently …….District. That late ……..is the

father of the Plaintiffs and that Y died in the year 2010 leaving behind the Plaintiffs as his sole legal

representatives to succeed to his estate. Thus upon the death of late Y, the total extent of acres 9-14

guntas in survey No.1008 has been succeeded by the Plaintiffs thereby becoming the owners and

pattedhars. However because of the illiteracy of the Plaintiffs, the succession of late Y could not be

applied and obtained by the Plaintiffs, so therefore the name of Y was continued to reflect in the

revenue records.

b) It is submitted that late Y permitted Z, the grandfather of the 1 stDefendant, to

cultivate in the land in an extent of acres 6-00 guntas from and out of the acres 9-14 guntas as stated

above for his sustenance and livelihood. That, since cultivating the land in an extent of acres 6-00

guntas (suit schedule land), the name of Z has been reflected in the possessory column. While

cultivating the above lands, Z once and often used to give proceeds in cash or kind out of the crops

to Y. The said arrangement went on till the year 2008. After the death of Z, his grandson, the 1 st

Defendant herein, cultivated the land again with the permission of the Plaintiffs father Y and later

from the Plaintiffs. However, the name of Z has been continuing in the possessory column while

the name of Late Y continued in the pattedhar column of the revenue records.

c) While so, the Telangana State government initiated proceedings for rectification of

the revenue records under ‘BhooPrakshalana’ and required all those people who wanted corrections

in their records. Thus the Plaintiffs approached the revenue authorities for issuance of succession in

their names in respect of the whole extent of acres 9-14 guntas in survey No.1008 including the suit

schedule land, but to the utter dismay of the Plaintiffs, the Plaintiffs were informed that succession

would be carried out only to the acres 3-14 guntas of survey No.1008 standing in the name of Y,

while the suit schedule land is already mutated in the name of the 1 st Defendant in 2009-10 itself.

The Plaintiffs were further astonished to see that there hasn’t been any proceeding initiated for such

mutation or that there has been any order of either mutation or succession in the name of the 1 st

Defendant. As the things stood thus it is pertinent to state here that the Plaintiffs have constructed

their houses in an extent about acres 00-30 guntas abutting the road, which would establish the

possession of the plaintiffs over the total extent of acres 9-14 guntas of land in survey No.1008 and

that there is no right, title or exclusive possession in favour of the 1 st Defendant or his deceased

ascendants at any time in the past. Even on enquiry with the sub-registrar office at …..and
 30

Station……………, Stamps and Registration department, there hasn’t been any document

conveying the suit schedule land in favour of either the 1 st Defendant or his grandfather or his

deceased ascendants. The very fact of illegal mutation has been brought to the notice of the

Tahsildar, the 2nd Defendant besides the Revenue Divisional Officer Station ……..Division. But

both the authorities kept quite without initiating any proceeding for correction of the illegal entries.

In the circumstances having no other alternative, upon the legal advice, the Plaintiffs got filed a suit

in O.S.No……. of 2017 on the file of Principal Junior Civil Judge, at Warangal for grant of decree

of perpetual injunction only to the extent of acres 3-14 guntas in survey No……… situated in

R…………… Village the ………………of Station ……………Mandal, presently

………………….District and that the said suit is pending disposal.

d) Apart from filing the above suit, the Plaintiffs also got issued a legal notice dated

……………………calling upon the revenue authorities not to entertain any application for

mutation of the names and also not to enter the names of the defendants in the revenue records and

to cancel the pass books already issued in favour of the Defendant in an extent of acres 6-00 guntas

in………….., which notice shall also be treated as notice under section 80 CPC.

d) While so, once again having no other alternative, the Plaintiffs are now filing the suit

for grant of decree of declaration of title and possession against the Defendant No.1 in respect of

the suit schedule land and also for a decree directing the Defendant No.2 carryout the correction in

the revenue records in pursuance of the decree that may be passed herein.T hus the Plaintiffs

approached this Hon’ble Court for redressal.

IV CAUSE OF ACTION:

The cause of action for the Plaintiffs for the first time arose in the year 2010 when Y, the

father of the Plaintiffs died leaving behind the Plaintiffs to succeed to his estate, when Y permitted

Z, the grandfather of the defendant to cultivate in the land in the extent of 6 acres only for his

sustenance and livelihood, in those years on which the name of Z appeared in the possessory

column of revenue records. When Z died and that his grandson the Defendant No.1 started

cultivating with the permission of Y, the Plaintiffs father. When the State Government initiated

proceedings for rectification of revenue records under BhooPrakshalana Scheme and under which

the Plaintiffs approached the revenue authorities for issuance of succession in their names, on such

date on which the Plaintiffs being informed that they are entitled for only acres …..guntas in survey
 31

No….. while the suit schedule property being already mutated in the name of the 1 st Defendant in

the year 2009-2010 itself. On such dates the Plaintiffs constructed houses in an extent of acers-…..

guntas in survey No…… abutting the road, on such date the revenue authorities have mutated the

name of 1st Defendant. On such dated on which O.S.No……. of 2017 being filed by the Plaintiffs

and finally on all subsequent dates of interference of the Defendants with the possession and

enjoyment of the Plaintiffs in respect of the suit schedule land as well as acres …..guntas of land in

survey No…… and On (DATE) on which date the Plaintiff got issued a legal notice calling upon

the Defendant No.1 to desist himself from interfering with the possession and enjoyment of the

Plaintiffs in the suit schedule land so also got issued another notice dated ………………calling

upon the revenue authorities including the 2 nd Defendant not to mutate the name of the 1 st

defendant.

V LIMITATION:

That the suit being filed for declaration of title and possession of the suit schedule property,

the suit as laid is within limitation.

VI JURISDICTION:

That the relief of declaration being valued at rupees 6,00,000/- . The suit is within the

pecuniary limits of this Court and the suit schedule property is being situated within the territorial

limits of this Hon’ble Court, this Hon’ble Court has jurisdiction to entertain the suit.

VII VALUATION

The Total value of the suit schedule of the property ( Ac 6.00 guntas) being Rs. 6,00,000/- ,

3/4th value the suit at Rs. 4,50,000/- and paid t he court fees of Rs.6926/- under section 24 (a) of A

P Court fees and suit s valuation Act. The relief of possession being consequential no court fee need

be paid. The relief of consequential injunction is valued at Rs.10,000/- and paid the court fees of

Rs.786/- under A.P. Suits valuation and court fees Act.

PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to pass a judgment and decree in

favour of the Plaintiffs against the Defendants:

 32

a) Declaring the Plaintiffs as owner and possessor of the suit schedule land by

virtue of inheritance from their father Y

b) for delivery of possession of the suit schedule land by the Defendant to the

Plaintiffs

c) for a consequential injunction restraining the Defendant No.1, their legal

representatives, agents, attorney holders, descendants and all those who claim under the

Defendants from interfering with the peaceful possession and enjoyment of the suit schedule

property in pursuance of the Judgment and decree in this suit,

d) For costs of the suit and

e) Pass such other orders as this Hon’ble Court may deem fit and proper

COUNSEL FOR PLAINTIFF PLAINTIFFS

VERIFICATION

I, …………………., Son of Y, Resident of ……………Village, on my behalf and on behalf

of the Plaintiffs 1, 2 and 4 as their GPA, do hereby declare that the contents stated in the above

paragraphs of the Plaint, I believe them to be true and correct and those stated on legal information,

we believe them to be true and correct. This plaint is verified and signed by us on this the ___ day

of April 2021 at Jangaon.

PLAINTIFFS

COUNSEL FOR THE PLAINTIFFS

IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AT WARANGAL

O.S.No. of 2021
 33

Between:
XXXXXXXXXXXXX and others …….Plaintiff
And
YYYYYYYYYYY and anr ….Defendants
SUIT SCHEDULE PROPERTY

All that agricultural land admeasuring about acre --.00 guntas out of the total extent of Ac

…..guntas in survey number ….. of ………..Village the ……………Village of …………..Mandal,

presently …………..District within the following boundaries:

BOUNDARIES

East : Road
West : Land of N
North : land of K
South : land ofM
VERIFICATION

I, ….., Son of Y , Resident of………….., on my behalf and on behalf of the Plaintiffs 1,

2 and 4 as their GPA, do hereby declare that the contents stated in the above paragraphs of the
Plaint, I believe them to be true and correct and those stated on legal information, we believe them
to be true and correct. This plaint is verified and signed by us on this the ___ day of April
……………...

PLAINTIFFS COUNSEL FOR THE PLAINTIFFS

IN THE COURT OF SENIOR CIVIL JUDGE AT WARANGAL

I.A.No. of 20--
IN
 34

O.S.No. of 20--
Between:
Ch…………. and others …….Plaintiff
And
Vo……and anr ….Defendants

AFFIDAVIT
I , ……….., Son of Late…………, Aged … years, Occupation: Agriculture Resident of
H.No……………. Village ………………Mandal, ……………District on my behalf and on behalf
of the Plaintiffs 1, 2 and 4 as their GPA, do hereby solemnly affirm and state on oath as follows:

1. I am the Petitioner herein and 3rd Plaintiff in the above suit hence acquainted with the facts of
the case.
2. It is submitted that from the ages immemorial, my father Late Y has been the pattedhar of
the land in an extent of acres ……guntas in survey No……. situated in ……………Village the
…………………Village of Station …………Mandal, presently J…………. District. My father Y
died in the year 2010 leaving behind me and my 3 brothers as his sole legal representatives to
succeed to his estate. Thus upon the death of my father Y, the total extent of acres ……….guntas in
survey No.1008 has been succeeded by me and my brothers thereby becoming the owners and
pattedhars. However because of our illiteracy, the succession of my father Y could not be applied
and obtained us, so therefore the name of our father Y was continued to reflect in the revenue
records.
3. It is submitted that my father Y permitted Z, the grandfather of the 1 st Respondent, to cultivate
in the land in an extent of acres 6-00 guntas from and out of the acres 9-14 guntas as stated above
for his sustenance and livelihood. That, since cultivating the land in an extent of acres 6-00 guntas
(suit schedule land), the name of Z has been reflected in the possessory column. While cultivating
the above lands, Z once and often used to give proceeds in cash or kind out of the crops to Y. The
said arrangement went on till the year 2008. After the death of Z, his grandson, the 1 st Respondent
herein, cultivated the land again with the permission of our father Y and later from us. However,
the name of Z has been continuing in the possessory column while the name of Late Y continued
in the pattedhar column of the revenue records.
4. While so, the Telangana State government initiated proceedings for rectification of the
revenue records under ‘BhooPrakshalana’ and required all those people who wanted corrections in
their records. Thus we (the petitioners herein) approached the revenue authorities for issuance of
succession in their names in respect of the whole extent of acres …guntas in survey No……….
including the suit schedule land, but to the utter dismay us, we were informed that succession
would be carried out only to the acres ….guntas of survey No.. standing in the name of Y, while the
suit schedule land is already mutated in the name of the 1 st Respondent in 2009-10 itself. We were
further astonished to see that there hasn’t been any proceeding initiated for such mutation or that
there has been any order of either mutation or succession in the name of the 1 st Respondent. As the
things stood thus it is pertinent to state here that we, the petitioners herein have constructed our
houses in an extent about acres 00-30 guntas abutting the road, which would establish the
possession of us over the total extent of acres 9-14 guntas of land in survey No.1008 and that there
is no right, title or exclusive possession in favour of the 1 st Respondent or his deceased ascendants
at any time in the past. Even on enquiry with the sub-registrar office at…………., Stamps and
Registration department, there hasn’t been any document conveying the suit schedule land in favour
of either the 1st Respondent or his grandfather or his deceased ascendants. The very fact of illegal
mutation has been brought to the notice of the Tahsildar, the 2 nd Respondent besides the Revenue
Divisional Officer Division. But both the authorities kept quite without initiating any proceeding
for correction of the illegal entries. In the circumstances having no other alternative, upon the legal
advice, we got filed a suit in O.S.No……….. of 2017 on the file of Principal Junior Civil Judge, at
Warangal for grant of decree of perpetual injunction only to the extent of acres ……..guntas in
survey No……. 8 situated in …………Village the ……………Village of Station …..Mandal,
presently …………..District and that the said suit is pending disposal.
5. Apart from filing the above suit, we also got issued a legal notice dated …………..calling
upon the revenue authorities not to entertain any application for mutation of the names and also
not to enter the names of the respondent no. 1 in the revenue records and to cancel the pass books
 35

already issued in favour of the Respondent in an extent of acres …..guntas in 1008/A, which
notice shall also be treated as notice under section 80 CPC.

6. While so, once again having no other alternative, we are now filing the suit for grant of
decree of declaration of title and possession against the Respondent No.1 in respect of the suit
schedule land and also for a decree directing the Respondent No.2 carryout the correction in the
revenue records in pursuance of the decree that may be passed herein. Thus the Plaintiffs
approached this Hon’ble Court for redressal.

7. I submit that I am having prima facie case and the balance of convenience also lies in my
favour. Further no prejudice would be caused to the Respondent no.1/Defendant no.1 if this
Hon’ble Court grants injunction restraining the Respondent no.1 or his attorney holders from
alienating the suit scheduled properties creating third party interest thereto. It is just and necessary
that to avoid multicity of proceedings this Hon’ble Court pass orders granting temporary injunction
against the respondent bo.1 and or their attorney holders from alienating the suit scheduled
properties creating third party interest pending disposal of the main suit or otherwise I will be put
irreparable injury which cannot be compensated in terms of money. We are not claiming any relief
against respondent no. 2 in this application.
Therefore I pray the Hon’ble Court may be pleased to pass an ad-interim injunction restraining
the Respondent no.1/Defendant1 1 or his attorney holders from alienating the suit scheduled
properties creating third party interest thereto and pass such other order or orders as this Hon’ble
Court may deem fit and proper in the circumstances of the case.

DEPONENT
VERIFICATION
I, ……….., Son of Y , Resident of ………Village, on my behalf and on behalf of the
Plaintiffs 1, 2 and 4 as their GPA, do hereby declare that the contents stated in the above paragraphs
of the Plaint, I believe them to be true and correct and those stated on legal information, we believe
them to be true and correct. This plaint is verified and signed by us on this the day of April
20-- at Warangal
DEPONENT

COUNSEL FOR THE PLAINTIFFS

IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AT WARANGAL

I.A.No. 2018
IN
O.S.No. of 2018
 36

Between:
1…………, Son of Late y,
Aged years, Occupation:. employee
Resident Village of …..,Mandal,
District.

2. ……, Son of Late y,

Aged years, Occupation:,
Resident of Village of ……,Mandal,
……..District

3.Full address

4.full address

The Plaintiffs 1, 2 and 4 being represented by their GPA the Plaintiff No.3

……PETITIONERS/ PLAINTIFFS
AND
1……., Son of Late y,
Aged years, Occupation: Agriculture,
Resident of…….,..
, Hanamkonda, Warangal

2.The Tahsildar,, ……Mandal,

District ………….
… …..RESPONDENTS / DEFENDANTS

PETITION FILED UNDER ORDER 39 RULE 1 AND 2 R/W 151 OF CPC

For the reasons stated in the accompanying affidavit the petitioner prays the Hon’ble Court
may be pleased to pass an ad-interim temporary injunction restraining the Respondent no.1
/Defendant no.1 or his attorney holders from interfering with the peaceful possession and
enjoyment of the suit scheduled properties and pass such other order or orders as this Hon’ble Court
may deem fit and proper in the circumstances of the case.

Date - 4- 201 COUNSEL FOR THE PETITIONER/PLAINTIFF

IN THE COURT OF SENIOR CIVIL JUDGE AT WARANGAL

 37

O.S.No. of 2018
Between:
ChatlaKashinadham and others …….Plaintiff
And
Votte Ranadheer Reddy and anr ….Defendants

AFFIDAVIT FILED UNDER ORDER 6 RULE 15(4) CPC

I , Chatla Kumara Swamy, Son of Late Rajaram, Aged 45 years, Occupation: Agriculture

Resident of H.No.2-45, Ippagudem Village Station Ghanpur Mandal, Jangoan District on my behalf

and on behalf of the Plaintiffs 1, 2 and 4 as their GPA do hereby solemnly affirm and state on oath

as under:

1. I am the 3rd plaintiff herein and hence acquainted with facts

2. We have filed the above suit for declaring us as owner and possessor of the suit

schedule lands. The averments made by us are true and the documents filed are true and

genuine.

Hence the affidavit

Verification Deponent

Solemnly affirm and signed before me by the deponent on this day of

April , 2018 at Hanamkonda

Advocate

IN THE COURT OF SENIOR CIVIL JUDGE AT WARANGAL

O.S.No. of 2018
 38

Between:
ChatlaKashinadham and others …….Plaintiff
And
Votte Ranadheer Reddy and anr ….Defendants

LIST OF DOCUMENTS FILED BY THE PLAINTIFFS

_______________________________________________________________

IN THE COURT OF SENIOR CIVIL

JUDGE AT WARANGAL
 39

O.S.No. of 2018

Between:
ChatlaKashinadham and others
…….Plaintiff
And
Votte Ranadheer Reddy and anr
….Defendants

PLAINT FILED UNDER ORDER 7

RULE 26 R/W SECTION 26 CPC

FILED ON: 06-04-2018

FILED BY:
T.C.SUJATHA
ADVOCATE
AP/1039/2001

IN THE COURT OF SENIOR CIVIL

JUDGE AT WARANGAL
 40

I.A.No. 2018
IN
O.S.No. of 2018

Between:
ChatlaKashinadham and others
…….Plaintiff
And
Votte Ranadheer Reddy and anr
….Defendants

PETITION FILED UNDER ORDER 39

RULE 1 AND 2 R/W 151 OF CPC

FILED ON: 06-04-2018

FILED BY:
T.C.SUJATHA
ADVOCATE
AP/1039/2001

IN THE COURT OF SENIOR CIVIL

JUDGE AT WARANGAL
 41

O.S.No. of 2018

Between:
ChatlaKashinadham and others
…….Plaintiff
And
Votte Ranadheer Reddy and anr
….Defendants

LIST OF DOCUMENTS FILED BY

THE PLAINTIFFS

FILED ON: 06-04-2018

FILED BY:
T.C.SUJATHA
ADVOCATE
AP/1039/2001

IN THE COURT OF THE VII ADDL JUNIOR CIVIL JUDGE, WARANGAL

O.S.NO. 2017
 42

BETWEEN
XXXXXXX …..Plaintiff
And
YYYYYYYY …Denfendant

PLAINT UNDER SECTION 26 ORDER 4 RULE 1 CPC FOR RECOVERY OF

RS. 2,06,000/-

1. Description of the plaintiff:- The plaintiff if the XXXXXX , W/o ……………. , years
Household ……………, Hanamkonda, Warangal

The address for service is that of her advocate ………( Full address)

2. Description of the defendant: ……….s/o………aged Ocuu:……

The address for the service is that the same as above

3. The plaintiff is a home maker and his husband is working in ……..department. Defendant
is also an employee in ……….department . Plaintiff’s husband and defendant both were
together in Warangal for some years. They are friends. Plaintiff’ husband introduced
defendant to the plaintiff.

4. In the year 2011 defendant requested the plaintiff to lend an amount of Rs. 1,00,000/- (one
lakh only) as hand loan agreeing to repay the same with interest @ 2% p.m. Accordingly the
plaintiff paid an amount of Rs 1,00,000/- to the defendant on 10 th May 2011. On receipt of
the hand loan of Rs one lakh, defendant executed a demand promissory note on the same
day (ie) 10-05-2011 in favour of the plaintiff in the presence of two witnesses and agreeing
to repay the loan with interest @2% p.m. On availing the said hand loan, defendant failed to
repay either interest or principal. Whenever the plaintiff demanded the defendant for
repayment, he has been postponing the repayment on one or the other pretext. Thus the
defendant failed to fulfill the promise of repaying the loan. Thus the defendant is liable to
repay the loan amount of Rs 1,00,000/- with interest to the plaintiff.

5. For the amount due in a sum of Rs 1,00,000/- (one lakh only) defendant have given a
cheque vide no. …….. without mentioning date, drawn on ……… Bank , Nakkalagutta
Branch and requested the plaintiff not to present the cheque immediately. As per the request
of the defendant, the plaintiff did not present the cheque on bank.

6. As per my repeated request, the defendant has repaid Rs. 50,000/- ( fifty thousand only) on
10-3-2014 and endorsed the same in the back side of the promissory note.

7. The plaintiff has got issued a notice to the defendant on 27-07-2017. Even though it was
served on the defendant, he has failed either to comply with the notice or to reply the same.

8. It is submitted that the defendant is liable to pay a sum of Rs. 2, 06,000/- to the plaintiff, the
details as under;

9. Principal amount = Rs.1,00,000/-

Interest from 10-05-2011 to 10-03-2014
(34 months) @ 2% = Rs 68,000/-
 43

Arrears as on 10-03-2014 = Rs,1,68,000/-

( Rs 1,00,000/- + Rs 68,000/-)
Amount paid on 10-03-2014 = Rs50,000/-
Balance as on 10-03-2014 = Rs 1,38,000/-
( Rs 1,68,000/- - Rs 50,000/-)
Interest from 11-03-2014 to 27-01-2017 @2% = Rs 68,000/-
Total arrears as on 25-01-2017 = Rs 2,06,000/-
( Rs 1,38,000/- + Rs 68,000/-)

10. Cause of action: arose on

(i) 10-05-2011 the day of payment of the loan and the date of execution of the
promissory note and 10-03-2014 the day of payment of Rs. 50,000/- ( Rupees fifty
thousand only) by the defendants to the plaintiff.
(ii) All the dates on which demands were made for repayment but no repayment was
made
(iii) 27-01-2017 date of issue of the notice
Cause of action arose at Hanamkonda where the amount was paid and document
executed
11. The suit is valued at Rs. 1, 00,000/- principal and Rs 1,06,000/- at interest 24% p.a. from
10-05-2011 to 09-03-2017. The total value is 2, 06,000/- in which ad valerum Court fee of
Rs paid under section 20 of the Court Fee Act.

12. Jurisdiction:- The Hon’ble Court has both pecuniary and territorial jurisdiction .

13. Limitation: The suit is filed within the period of three years from the date of the
endorsement on the back side of the promissory note and thus within limitation period
under article 35 of Indian Limitation Act.

14. Prayer: The Plaintiff prays for a judgment and decree for the following relief.
(i) A decree for recovery of Rs. 2,06,000/- ( two lakh six thousand only) be passed with
future interest at 18% p.a. on Rs. 1,00,000/- from the date of the suit till full realization
against the defendant.
(ii) Cost of the suit be awarded
(iii) Any other relief to which the plaintiff is entitled be granted.

09-03-2017
Hamamkonda PLAINTIFF
VERIFICATION:- The plaintiff hereby declares that the contents of the above plaint are true and
correct to the best of her knowledge. Hence verified and signed on this March, 2017.

09 -03-2017 Advocate

Counsel for the plaintiff

List of documents
1. Promissory note dated 11-05-2011
2. Legal notice dated 27-01-2017’
3. postal receipt dated 27-01-2017
4. acknowledgement dated

IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE, WARANGAL

 44

O.S.NO. 2017
BETWEEN
XXXXX …..Plaintiff
And
YYYYY …Denfendant

AFFIDAVIT FILED UNDER ORDER 6 RULE 15(4) CPC

I, XXXXXXX , W/o …….. , 40 years Household R/O………, Hanamkonda, Warangal do

hereby solemnly affirm and state on oath as under:
3. I am the plaintiff herein and hence acquainted with facts
4. I have filed the above suit for recovery of money. The averments made by me are true
and the documents filed are true and genuine.

Hence the affidavit

Verification Deponent

Solemnly affirm and signed before me by the deponent on this 9 th day of March, 2017 at
Hanamkonda

Advocate

IN THE COURT OF THE VII ADDL JUNIOR CIVIL JUDGE, WARANGAL

O.S.NO. 2017
 45

BETWEEN

XXXXXX…… …..Plaintiff

And

YYYYYYYY …Denfendant

AFFIDAVIT OF PLAINTIFF IN LIEU OF EXAMINATION IN CHIEF

I, XXXXXXX , W/o YYYYYY , …. years Household H.No. …….., Hanamkonda,

Warangal do hereby solemnly affirm and state on oath as under:
1. I am the plaintiff in the above suit hence acquainted with the facts.

2. I am a home maker and my husband is working in ……….. Defendant is also an

employee in ………….. My husband and defendant both were together in Warangal for
some years. They are friends. My husband introduced defendant to the me.

3. In the year 2011 defendant requested me to lend an amount of Rs. 1,00,000/- (one lakh
only) as hand loan agreeing to repay the same with interest @ 2% p.m. Accordingly I paid
an amount of Rs 1,00,000/- to the defendant on 10 th May 2011. On receipt of the hand loan
of Rs one lakh, defendant executed a demand promissory note on the same day (ie) 10-05-
2011 my favour in the presence of two witnesses and agreeing to repay the loan with
interest @2% p.m. On availing the said hand loan, defendant failed to repay either interest
or principal. Whenever I demanded the defendant for repayment, he has been postponing
the repayment on one or the other pretext. Thus the defendant failed to fulfill the promise of
repaying the loan. Thus the defendant is liable to repay the loan amount of Rs 1,00,000/-
with interest to me.

4. For the amount due in a sum of Rs 1,00,000/- (one lakh only) defendant have given a
cheque vide no……… without mentioning date, drawn on Bank , ……..Branch and
requested me not to present the cheque immediately. As per the request of the defendant, I
did not present the cheque on bank.

5. I got issued a notice to the defendant on 27-07-2017. Even though it was served on the
defendant, he has failed either to comply with the notice or to reply the same.

It is submitted that the defendant is liable to pay a sum of Rs. 2, 06,000/- to me , the details
as under

Principal amount = Rs.1,00,000/-

Interest from 10-05-2011 to 10-03-2014
(34 months) @ 2% = Rs 68,000/-
Arrears as on 10-03-2014 = Rs,1,68,000/-
( Rs 1,00,000/- + Rs 68,000/-)
Amount paid on 10-03-2014 = Rs50,000/-
Balance as on 10-03-2014 = Rs 1,38,000/-
( Rs 1,68,000/- - Rs 50,000/-)
Interest from 11-03-2014 to 27-01-2017 @2% = Rs 68,000/-
Total arrears as on 25-01-2017 = Rs 2,06,000/-
( Rs 1,38,000/- + Rs 68,000/-)

I have filed the following documents which may be marked as exhibit A1 to A4.
 46

Ex A1 is the Promissory note dated 11-05-2011

Ex A 2 is the Legal notice dated 27-01-2017’
Ex A 3 is the postal receipt dated 27-01-2017
Ex A 4 is the acknowledgement dated

Therefore I pray that a decree for recovery of Rs.2,06,000/- (two lakh six thousand only) be
passed with future interest at 24% per annum on Rs.50000/- from the date of the suit till full
realization against the persons and properties of the defendant, cost of the suit and any other relief
to which I am entitled to be granted.
DEPONENT

Verification: I hereby declare that the contents of the affidavit are true and correct to the best of
my knowledge. Hence verified and signed on this
Day of January , 2019.

Dated:04-01-2019 Advocate

IN THE COURT OF THE VII ADDL JUNIOR CIVIL JUDGE, WARANGAL

 47

I.A.No. 2018
IN
O.S.NO. 2017

BETWEEN

XXXXXX ……Petitioner / Plaintiff

And
YYYY ……Respndent / Denfendant

AFFIDAVIT

I , ……….. S/o ……… aged about 60 years, Muslim, Occup: Clerk R/o Hanamkonda
Warangal do hereby solemnly and sincerely affirm and state as under:

1. I am the petitioner herein and working as an advocate clerk in the office of the T.C Sujatha
Advocate hence acquitted with facts.
2. The plaintiff has filed the above suit for decree for recovery of Rs. 2,06,000/- ( two lakh
six thousand only) with future interest at 18% p.a. on Rs. 1,00,000/- against the defendant
from the date of the suit till full realization in the month of March 2017. Summons has
issued through the court several times but the defendant is avoiding receiving the same. The
defendant is working in …..( govt employee) …......,,,( District) , AP and attending the duty
regularly.

I request the Hon’ble court to issue the summons by way of substituted service by publishing
the notice in the local newspaper in the interest of the justice .

DEPONENT

th
Verification: Solemnly affirmed and signed before me on this day March , ………. at
Warangal.

Advocate

IN THE COURT OF THE VII ADDL JUNIOR CIVIL JUDGE, WARANGAL

I.A. No 2018
 48

In
O.S.NO. 2017

XXXX , W/o YYYYY ,

… years Household H.No. ……..,
Hanamkonda, Warangal …..Petitioner / plaintiff

And
YYYYYY S/o …….. about ….. years.
Occu: …..,
……( District) , AP …..Respondent / defendant

PETITION FILED UNDER ORDER 5 RULE 20 CPC.

For the reasons stated in the accompanying affidavit the petitioner prays that the Hon’ble

court to issue the summons by way of substituted service by publishing the notice in the local

newspaper in the interest of the justice .

Hanamkonda COUNSEL FOR THE PETITIONER /PLAINTIFF

Date

IN THE COURT OF THE VII ADDL JUNIOR CIVIL JUDGE, WARANGAL

O.S.NO. OF 2017
 49

BETWEEN

XXXXXXX …..Plaintiff

And

YYYYYY …Denfendant

M EMO

It is to inform to the Hon’ble Court that plaintiff and the defendant have settled the matter

before the elders and hence the above suit may be closed as the plaintiff is not pressing the suit.

Hence the memo

15-2-2019 COUNSEL FOR THE PLINTIFF

IN THE COURT OF THE VII ADDL

JUNIOR CIVIL JUDGE, WGL
50

O.S.NO. …… 2017

XXXXXXX .. Plaintiff
And
YYYYYYY … Defendant

M E M O

FILED ON : DATE

FILED BY:
NAME
ADVOCATE