Civil Court Forms in Marathi

Civil Court Forms

• Introduction
• Format of a Suit for Specific Performance of a contract
• Format of a Plaint claiming compensation for Defamantion
• Format of a Plaint by a Minor or a person of Unsound Mind in a Civil Suit
• Format of a Written Statement (WS)
• Format of an application to set aside a decree passed ex parte
• Format of an appeal against a decree
• Format of Civil Appeal

Introduction

Civil Courts are part of the District Courts of India.The State Governments in India have dedicated  District Courts of  for every District or for one or more Districts together taking into account the number of cases, population distribution in the District. These Courts administer justice in India at a District level. These courts are under administrative control of the High Court of the State to which the District concerned belongs. The decisions of District court is subject to the appellate jurisdiction of the High court.

The highest court in each District is that of the District and Sessions Judge. This is the principal court of original civil jurisdiction besides High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The District court is presided over by one District Judge appointed by the State Government. In addition to the District Judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the Court presided have equivalent jurisdiction as the District Judge and his District court.

However, the District Judge has supervisory control over Additional and Assistant District Judges, including decisions on allocation of work among them. The District and Sessions Judge is often referred to as "District Judge" when he presides over civil matters and "Sessions Judge" when he presides over criminal matters. Being the highest Judge at District level, the District Judge also enjoys the power to manage the state funds allocated for the development of judiciary in the District.

The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. Subordinate courts, on the civil side (in ascending order) are,  Civil Judge Junior Division, Civil Judge Senior Division,  Addl. Senior Civil Judge, Senior Civil Judge Court, Addl. District Judge and District Judge.

Section 9 of the Civil Procedure Code confers jurisdiction on the civil courts, it provides that the civil courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is expressly or impliedly barred. 

Before filing a suit one should know where or before which Court the suit has to be filed. It is called place of suing. Place of suing is subjected to two limitations: 

•  Territorial jurisdiction of the Court; and 
•  Pecuniary jurisdiction of the Court,

Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute.

Depending upon the nature of subject matter, suits are divided into 3 categories.

They are-

•  Suits relating to immovable property.
•  Suits relating to compensation for wrongs to person and movables.
•  Other suits.

 In case of Suits relating to immovable property:- As a general rule suits relating to immovable property shall be filed in the Court within the local limits of whose territorial jurisdiction the property is situate, In other words, where the property in dispute is situated.

Link to Civil Procedure Code-

Code of Civil Procedure,1908

CPC – Order I to Order XXX

CPC – Order XXXI to Schedule V

Format of a Suit for Specific Performance of a contract

Important points to remember-

As per Order VI (Pleading) and Order VII (Plaint) CPC, every plaint must contain the following things:

1. Name of the court
2. Name and details of the Parties 
3. If the plaintiff or the defendant is a minor/insane, a declaration to that effect
4. Facts of the case –
5. Facts constituting cause of action and when it arose
6. A statement about the value of the subject matter for the purpose of jurisdiction and court fees.
7. Facts showing that the court has jurisdiction (territorial as well as pecuniary)
8. Relief prayed
9. Description of the set-off (if claimed)
10. Verification
 

The heading or court is determined according to Section 15 to 20 of CPC. In Delhi, cases up to  3,00,000/- are handled by Civil Judge Class I, and cases upto 20,00,000 are handled by District Judge. Cases beyond 20 lac are handed by High Court of Delhi on the Original Side.

Although there is no special rule for this but general convention seems to be that, in the title of a suit, the word "Respondent" is used in Original civil suit while the word"Defendant" is used in applications made to  – appellate court or supreme court. 
In the Court of Civil Judge Class – I at Delhi

Suit No. ………… / 20…….
A. B. s/o B. C.
123, A B Road, Delhi                           …………………………………..  Plaintiff

Vs.

M. N. s/o O. P.
456, A B Road,Delhi                            …………………………………..  Respondent 

Suit for Specific Performance of Contract to sell a residential plot

The plaintiff respectfully states as follows : –

Inducement:
(1) Plaintiff is a Govt. Servant working in Delhi. and so on
(2) Respondent is a property broker having an office at …

Material Facts of the case:
(3) The plaintiff agreed with the respondent on 10 Aug 2008 to purchase the Plot No 123 at Rani Bagh Colony,Delhi. A copy of the contract is attached with the petition.
(4) The boundaries of the plot is as under:
       East:  Road 
       West: Plot number 124
       North: Road
       South: Colony wall
(4) The total value of the plot to be paid by the plaintiff to the respondent, as agreed upon in the contract, is Rs. 40,000/-.
(5) The respondent accepted a payment of 10,000/- though Check No. 123 of SBI,CP Branch at the time of making the contract and promised to do registry upon payment of remaining amount of 30,000/-
(5) The plaintiff tried to pay the remaining amount on several occasions by cash as well as check but the respondent refused to take the payment.
(6) The plaintiff also sent a notice about the same to the respondent on 10/10/2009.
(7) The plaintiff is ready to pay the remaining amount of Rs 30,000/- but the respondent is not willing to transfer the said plot.

Cause of Action and Limitation
(8) The cause of action for the present suit first arose on 10/10/2009, when the respondent refused to convey the said property as per the terms of the agreement and hence, the suit filed today is within time.

Valuation:
9 The suit is valued for the purpose of jurisdiction and court-fee at Rs. 30000/-. 

Jurisdiction:
(10) The plot is located in Indore, which is within this court's territorial jurisdiction.

(11) The value of the contract is 40,000/- which is within this court's pecuniary jurisdiction.

Relief Claimed: 
(12) The plaintiff, there fore prays that 

the court be pleased to order the respondent to perform his part of the contract by accepting the remaining payment and conveying the said plot to the plaintiff.
the plaintiff be permitted to deposit the balance of consideration in this Hon'ble Court.
the respondent be ordered to pay compensation for mental harrasment, loss of wages, and cost of this litigation.

Place: ………………….                                                                            (Signature of the plaintiff)
Date: …………………..                                                                            

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