Wednesday, 21 November 2012

Standard Paras in every Plaint / Petition / Complaint

  1. Limitation: The date on which the cause of have arose and stating that therefore the Suit / Petition / Complaint is filed within the limitation period. If the case is filed beyond limitation, then, a statement showing the grounds on which the exemption from the law of limitation is claimed. 

  1. Where the Suit / Petition / Complaint is filed by Authorized Representative / power of attorney holder – a para to that effect that POA is duly executed and Resolution, wherever necessary, is passed accordingly.

  1. Valuation of the Suit / Petition / Complaint and applicable court fees: A Para valuing the subject matter of the Suit / Petition / Complaint and stating that the Plaintiff / Petitioner / Complainant accordingly pays the applicable Court fees in accordance with the provisions of Court fees Act / Bombay Court fees Act.

  1. A Para narrating facts that this court has territorial / pecuniary and subject matter jurisdiction to adjudicate upon the present dispute and pass decree / Order. The material acts and omissions of the parties to the litigation, and the place of performance of legal / “material” contractual obligation of the parties, ordinarily, constitute the Cause of action.

  1. No other Suit / Petition / Complaint: A Para stating that Plaintiff / Petitioner / Complainant has not filed any other Suit / Petition / Complaint in respect of the reliefs claimed in this Suit / Petition / Complaint, in any other Court of law.

  1. The Plaintiffs / Petitioners / Complainant, with the leave of the Hon'ble Court, shall be entitled to add / amend / delete any clause in the present Plaint/ Petition / Complaint.

  1. The Plaintiffs / Petitioners / Complainant submits that Plaintiffs / Petitioners / Complainant is aware that it is a Criminal offence u/s 209 of Indian Penal Code, 1860, to make a false claim in the Court of law; and further aware that it is a Criminal offence u/s 191 to 199 of Indian Penal Code to file false affidavit, or to give false evidence or false statement in the pleadings, or to furnish and rely upon false or forged document in the Suit / Petition / Complaint. The Plaintiffs / Petitioners / Complainant further submits that the Defendants / Respondents / Opposite Parties may also be credited with the same knowledge, for no one can plead the ignorance of laws of the land.

  1. The Plaintiff / Petitioner / Complainant submit that no material fact has been knowingly concealed in this Suit / Petition / Complaint.

  1. A Para stating that no notice has been received of lodging a caveat by the opposite party; or if Notice of caveat has been received and the copy of this petition together with the annexure (if any) have been supplied to the caveator.

  1. Grounds for relief claimed [This para may be employed in every Petition / Complaint, except in (a) Suits (b) Criminal Complaints];

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