Pleading

Pleading(CPC 1908) means written statements submitted initially by Plantiff to court, clearly outlining their respective his claim then later, defendent files plea(written statement) in court about defence.
  Plaint(Plaintiff's Pleading): Statement filed by Plantiff
  Written Statement(Defendant's Pleading): Staement filed by defendent
Example: A homeowner (Plaintiff) sues a contractor (Defendant) for faulty roof repairs.
  Plaintiff's Pleading: On 25/11/2025, the Defendant undertook roof repairs at my property. The repairs were substandard, causing leak. The Defendant refused to fix it. I demand 20000/-
  Defendant's Pleading: Admit to undertaking repairs on 25/11/2025. Deny that repairs, already damaged
Functions of Pleading
  1. Notice to both parties about the case and prevent surprises at trial.
  2. Save court time

Plaint(Plaintiff's Pleading), Written Statement(Defendant's Pleading)

Essential part of Plaint(Plaintiff's Pleading)
Court name, Parties, Facts, Jurisdiction(Details establishing the court's power), Relief wanted, Valuation, Verification
Essential part of Written Statement
Accept/Deny claim, Defense, Counterclaims, Documents supporting, Verification

Amendment of pleading

formal process to alter, add, or correct a plaint (plaintiff's claim) or written statement
Kinds of Amendments:
1. Correction/Clarification: correcting names, dates etc
2. Adding New Facts/Grounds: Introducing facts that emerged later
3. Adding/Altering Relief: Seeking different or additional remedies
4. Supplemental Pleadings

Types of Pleas

Alternative Pleas: Party can present multiple pleas in court(all are mutually exclusive) and ask court to accept one(as per situation)
Inconsistent pleas plea where the relief sought cannot logically stand together because the claims are contradictory.
Mutually destructive plea: A specific type of inconsistent plea where proving one claim automatically disproves the other
Can a Party Resort to Them?
Yes, parties can take alternative and inconsistent pleas, but they must not be "mutually destructive" or "embarrassing". The law favors allowing them for justice and efficiency, but courts will scrutinize them to ensure fairness and coherence

History of Pleading

Earlier pleading was Oral and conducted before judges or kings.
Written pleadings came was adopted in England during the reign of Henry II and was gradually adopted in India

Fundamental rules of Pleading

Plaintiff's Pleading must contain:
- Material facts, no laws(Facta Probanda only). Facta Probanda means material facts
- Must be consise
- In numbered paragraphs

Suit vs Pleading

Essentials of suit

Affidavit

What is affiant
Sample Affidavit

Plaint Format and Process

Plaint Format
1. Court Details
2. Plantiff, Defendant names
3. Subject (Suit for Enchroachment)
4. Submission Request (The Plaintiff above-named most respectfully submits as under)
5. Body (Statement of Facts, With Clauses, Sections):
- Fact
- Clauses and Sections:
  Marraige: Hindu Marriage Act(1955), Sec-13(Adultery HMA), Sec-24(maintenance and litigation expenses HMA)
  Enchroachment CPC Order 39 Rules 1 & 2
  Dowry Prohibition Act(1961), Sec-3(Penalty for Giving/Taking Dowry), Sec-4(Penalty for Demanding Dowry)
  Injunction(action threatening or invading the legal right of another)
  Attack (Sec115 BNS)Voluntarily Causing Hurt with stick, (Sec 118 BNS) Dangerous Weapons or Means
  Sale Deed: Indian Contract Act(1872), Sec16(Undue Influence), Sec25(Fraud in Contract),
  Rent and Arrears Transfer of Property Act(1882), Sec106(Notice to quit),
  Partnership: Indian Partnership Act(1932), Grounds for Dissolution by the Court (Sec 44)
  Art 226: Habeas Corpus, Cenrtiorari, Prohibition, Quo-warranto
- Cause of Action
- Jurisdiction
- Valuation
6. Relief Sought (Prayer)
7. Verification
8. Annexures
Filing Process
1. Write a plaint explaning the issue
2. Submit the plaint physically/eFile(https://ghaziabad.dcourts.gov.in or UP eCourts portal;)
  efile require adhar, mobile registration
3. court issues summons to defendant post-admission
4. sets first hearing date (usually 30-90 days)
Hearing
District courts in UP provide virtual hearings via Cisco Webex for civil suits post-COVID(cite reason like travel)
Personal appearance preferred initially; absence risks adjournment/costs, but video link granted on request if facilities available

Examples Plaints

 
IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION), GHAZIABAD     //1. Court Details

Amit KUMAR,                                            //2. Plantiff, Defendant
S/o [MP Singh], 
Resident of Flat No. 1/17, 
Lajpat Apartment, Ghaziabad, UP-201005 ...Plaintiff
Vs.
SHEELA JOSHI,
W/o [Late XX Joshi],
Resident of Flat No. 1/16, 
Lajpat Apartment, Ghaziabad, UP-201005 ...Defendant

Suit for Enchroachment                               //3. Subject

The Plaintiff above-named most respectfully submits as under: //4. Submission Request

// Body()
1. That the parties are residents in Lajpat Apartment, Ghaziabad, a registered apartment society. 
Plaintiff resides at Flat 1/17; Defendant at Flat 1/16 enchroaching the common park.
2. That the common park in front of Flat 1/16 is society common area per sanctioned layout plan/bye-
laws (Annexure P-1: Layout Plan; P-2: Bye-laws), meant for all residents' use.
3. That Defendant initially fenced it temporarily with plastic wiring citing stray dogs, but now 
blocks access, forcing residents to pass through her house—causing nuisance/hardship 
(Annexure P-3: Photos; P-4: Legal Notice dated [Date]).
4. That this encroachment violates society bye-laws and Plaintiff's right to enjoy common amenities 
as member (Annexure P-5: Plaintiff's Sale Deed/Membership).
5. That no cause of action arose earlier; it arose on [Date of blockage].
6. That suit is valued at Rs. [e.g., 1,00,000] for injunction (Annexure P-6: Valuation).
7. That court fee of Rs. [Amount] paid.

CAUSE OF ACTION: Continuous from [Date] at Lajpat Apartment, Ghaziabad.

PRAYER:
a) Declare common park as society property, Defendant's fencing as illegal encroachment.
b) Temporary injunction under Order 39 Rule 1&2 CPC.
c) Costs/damages.
d) Any other relief.

Place: Ghaziabad          Plaintiff
Date:                    (Amit Kumar)

VERIFICATION: Verified that the contents of above paras are true 
to my personal knowledge and belief and not part of it is false.
Verified at Ghaziabad on [Date] contents true.

List of Documents:
1. Society By-Laws
2. Sanctioned building plan/layout showing the common park in front of Flat 1/16
3. your membership proof
4. Photos of the fencing/blockage
          

IN THE COURT OF [CIVIL JUDGE (JUNIOR DIVISION)/FAMILY COURT], GHAZIABAD

Civil Suit No. ___ of 2025
Satya KUMAR,
S/o [Ram Prakash],
Resident of Flat No. 2, 
G Block, Ghaziabad, UP-201005 ...Plaintiff
Vs.
Shivani Joshi,
W/o [Satya Kumar],
Resident of Flat No. 2, 
G Block, Ghaziabad, UP-201005 ...Defendant


SUIT FOR DISSOLUTION OF MARRIAGE BY DECREE OF DIVORCE UNDER SECTION 
13(1)(ia) & (i) HINDU MARRIAGE ACT, 1955 ON GROUNDS OF CRUELTY AND ADULTERY

The Plaintiff above-named most respectfully submits as under:
1. That on 10May 2020 arrange marriage between plantiff and defendant completed.
2. That from 11th May 2020 defendent started fighting at very trivial matters with plantiff.
3. That on 23rd June 2022 and 19th July 2024 defendent has tried suicide with sheer intention
to harass the plantiff and plantiff's family. Hospital Reports attached.
4. That during the tenure of marraige defendent was having extra martial affair
with boy named Vicky and defendent talks to this person for hours. Phone Call log
report attached.
5. Plantiff has suffered huge mental harrasement during these years and wanted to get
seperated now with valued suit for 500000/-

Prayer:
1. The decree favoring divorce valuation kindly be granted.
2. Any other relief which court deems fit and proper in Case

Verification: Verified that the contents of above paras are true 
to my personal knowledge and belief and not part of it is false.
Verified at Ghaziabad on [Date] contents true.
          

IN THE COURT OF CIVIL JUDGE (JUNIOR DIVISION), GHAZIABAD

Amit KUMAR,
S/o [MP Singh], 
Resident of Flat No. 1/17, 
Lajpat Apartment, Ghaziabad, UP-201005 ...Plaintiff
Vs.
SHEELA JOSHI,
W/o [Late XX Joshi],
Resident of Flat No. 1/16, 
Lajpat Apartment, Ghaziabad, UP-201005 ...Defendant

Written Statement on behalf of defendent is as under

1. Para nos 1 and 4 of plaint are not admitted and denied.
Please see additional pleas.

Additional Pleas:
2. That the plantiff has never came to sit on common area park.
3. That Common area park is never blocked entry for residents.
4. That plantiff has bad intension and sees defendent with lustful 
intension and has demanded favour as well.

Verification: Verfied that the contents of above paras are true to 
my personal knowledge and belief.
Verified at Ghaziabad on this .... day of December 2025
            

Cause of Action, right of Action

cause of Action
Right of Action: Person's actual legal ability to sue
Remedy: Court's solution to damages.
Example: A damages B's car(wrong) and this is Cause of Action, B can sue(right to action), and get repair costs(remedy)

Writ Petition (Habeas Corpus Example)

IN THE HON'BLE HIGH COURT OF [STATE] AT [CITY]
EXTRAORDINARY ORIGINAL/CRIMINAL WRIT JURISDICTION
WRIT PETITION (CRIMINAL) NO. ______ OF 20___
IN THE MATTER OF:
[Petitioner's Name]
S/o / D/o / W/o [Father/Husband's Name], Aged __ years,
Resident of [Full Address]
... PETITIONER
VERSUS
UNION OF INDIA (if applicable), Through its Secretary, Ministry of Home Affairs, [Address]
THE STATE OF [STATE], Through its Chief Secretary/Home Secretary, [Address]
THE DIRECTOR GENERAL OF POLICE, [Address]
THE SUPERINTENDENT OF POLICE/DISTRICT MAGISTRATE, [District Address]
[Name of Private Individual(s) allegedly detaining the person], [Address]
... RESPONDENTS
PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING FOR ISSUANCE OF A WRIT IN THE NATURE OF HABEAS CORPUS
MOST RESPECTFULLY SHOWETH:
That the petitioner is a law-abiding citizen of India and is the [relation, e.g., father] of the illegally detained person (hereinafter referred to as the "detenu").
That this Hon'ble Court has the jurisdiction to entertain and hear this petition under Article 226 of the Constitution of India as the cause of action, wholly or in part, arose within its territorial limits.
Facts of the Case (Concise statement in chronological order):
State the circumstances of the detention (e.g., date, place of arrest, who arrested/detained).
Mention if any legal procedure was violated (e.g., not informed of grounds, not produced before a magistrate within 24 hours).
Describe efforts made to secure release or information from authorities (e.g., police complaints, representations), attaching copies as Annexures.
Clearly state that the detention is illegal, arbitrary, and without due process of law, violating fundamental rights under Articles 21 and 22 of the Constitution.
Grounds for the Writ:
A. Because the detention of the detenu by the respondents is illegal and unconstitutional as it infringes their fundamental right to personal liberty guaranteed under Article 21.
B. Because the detenu was not informed of the grounds for arrest at the time of detention/arrest.
C. Because the detenu was not produced before the nearest Magistrate within 24 hours of arrest, in violation of Article 22(2) of the Constitution.
D. Because no other effective alternative remedy is available to the petitioner except to approach this Hon'ble Court.
That no other petition or application has been filed in any other High Court or the Supreme Court concerning this matter.
PRAYER
In light of the above, it is most humbly prayed that this Hon'ble Court may be pleased to:
Issue a writ of habeas corpus or any other appropriate writ/order/direction, commanding the Respondents to produce the detenu, [Detenu's Name], before this Hon'ble Court forthwith.
Quash the detention/arrest order (if any specific order exists) and direct the immediate release of the detenu.
Pass any other order(s) or direction(s) that this Hon'ble Court may deem just and proper in the facts and circumstances of the case.
PETITIONER
PLACE: [City]
DATE: [Date]
THROUGH
[Advocate's Name]
ADVOCATE
[Advocate's Address/Contact Details]
      

Joinder, Misjoinder, Nonjoinder

Representative Suit, Objects, Essentials

Conveyancing

It means transferring the ownership of property from one party to another.
Steps of ordinary Conveyancing:
1. Sale Deed: Has property Description
2. Date and Place of Execution
3. Parties in Deed: Seller buyer
4. History: property's ownership up to the current seller, establishing the chain of title
5. Money: value exchanged for the property
6. witnesses: Atleast 2 signs the deed
Compulsory Documents
1. Sale Deed: Document that transfers ownership upon registration
2. Title Deed: Chain of ownership, ownership tracking history
3. Encumbrance Certificate (EC): From Sub-Registrar confirming the property is free from mortgages or pending claims.
4. Property Tax Receipts: No outstanding government dues.
5. occupancy Certificate: Approved building plans, completion certificates, and occupancy certificates
6. Adhar, PAN: seller, buyer

Parternership

Parternership Deed Sample

Deed Formats

Sale Deed

House sale deed in Radhey Colony, Meerut. Format:

THIS DEED OF SALE is made and executed on 25/12/2025 at Meerut, Uttar Pradesh, India.

BETWEEN:
Rahul K S/o Jaishankar, aged 45 years, residing at XXX (hereinafter referred to as the "VENDOR" or "SELLER") of the ONE PART.
AND
YYY S/o [Father's/Husband's Name], aged 34 years, residing at YYY (hereinafter referred to as the "VENDEE" or "PURCHASER") of the OTHER PART.

WHEREAS:

The Vendor confirms being the sole owner of the property
The Vendor states the Said Property is free from all encumbrances //EC
The Vendor has agreed to sell the Said Property to the Vendee for Rs. 15000 (Rupees [Amount in words] Only)
The Vendor acknowledges receiving the full sale consideration from the Vendee.

DEED OF SALE WITNESSETH AS UNDER:
1. Vendor transfers all rights, title, and interest in the Said Property to the Vendee in exchange for the received amount.
2. Free from encumbrances
3. delivery of vacant possession
4. Vendee has paid all Stamp Duty and Registration charges for this deed
5. Disputes under this deed are subject to the jurisdiction of courts in Meerut

Property Detials:
[House/Plot Number] ..
Area: [Mention the area in Sq. Mtr. or Sq. Ft. along with dimensions]

WITNESSES:
Signature:
Name: [Witness 1 Name], S/O: [Father's/Husband's Name] [Complete Address][Witness 1 PAN]

Signature:
Witness 2

Signature of the VENDOR:
(First Party)
Signature of the VENDEE:
(Second Party)

Drafted by:
[Name and details of the Advocate/Legal professional]
      

Will Deed

a testator (will-maker) declaring their assets (house, bank funds, jewelry), appointing an Executor (like their son) to manage distribution, and bequeathing specific items to beneficiaries (wife, children), all in writing, signed by the testator and two witnesses, to ensure smooth transfer after death

I, Amit Kumar, aged 42, residing at Lajpat Nagar Ghaziabad, being of sound mind, do hereby declare this to be my 
Last Will and Testament, revoking all previous wills. 

1. Executor: I appoint my Wife, as the sole Executor of this Will. 
2. Assets: I own movable and immovable properties, including a residential house at 4/23, 
bank accounts [Details], and shares [Details]
3. Distribution:
To my wife, [Wife's Name]: I bequeath my entire savings account balance and all household contents.
To my son, [Son's Name]: I bequeath the residential house and my car (Reg No. XXXX).
To my daughter, [Daughter's Name]: I bequeath my jewelry and FD receipts.
Residuary Clause: Any remaining assets shall go to [Residuary Beneficiary]. 
4. Guardianship (If minors): I appoint [Guardian's Name] as guardian for my minor children. 
IN WITNESS WHEREOF, I have set my hand on this [Date] at [Place]. 
Signed by:
(Testator's Signature)

Witnesses:
(Signature, Name, Address)
(Signature, Name, Address) 
      

Lease Deed

contract between an owner (Lessor) and a tenant (Lessee)

THIS LEASE DEED is made on this [Date] at [Place] by and between:

LESSOR:
Mr./Ms. [Lessor's Full Name], S/O [Father's Name], aged [Age] years, residing at [Lessor's Address], 
(hereinafter called the "Lessor", which expression shall include his/her heirs, successors, and assigns) of the FIRST PART. 
LESSEE:
Mr./Ms. [Lessee's Full Name], S/O [Father's Name], aged [Age] years, residing at [Lessee's Address], (hereinafter called the "Lessee", 
which expression shall include his/her heirs, successors, and assigns) of the SECOND PART. 

WHEREAS the Lessor is the absolute owner of the property bearing No. [Property Address], measuring approximately [Area] sq. ft., consisting of [No.] rooms, 
kitchen, bathrooms, etc., (hereinafter called the "Said Premises"). 

NOW THIS DEED WITNESSETH AS FOLLOWS:
Term: The lease shall be for a period of 11 months commencing from [Start Date] and ending on [End Date].
Rent: The Lessee shall pay a monthly rent of Rs. [Amount in Numbers] (Rupees [Amount in Words] only) on or before the [e.g., 5th] working day of each succeeding month.
Security Deposit: The Lessee has paid a refundable security deposit of Rs. [Amount] to the Lessor, adjustable against the last months' rent or damages.
Usage: The Lessee shall use the premises for residential purposes only.
Utilities: The Lessee shall pay for electricity, water, and other utility charges as consumed.
Maintenance: The Lessor is responsible for major structural repairs, while the Lessee covers minor upkeep.
Notice: Either party can terminate with 1 month notice after the initial lock-in period. 
IN WITNESS WHEREOF, the parties have signed this deed on the date first above written. 
Lessor Signature:
Lessee Signature:

2 Witnesses: (Names & Signatures). 
      

Adoption Deed

THIS DEED OF ADOPTION is made and entered into at [City, State] on this [Date] day of [Month], 2025, by and between:
PARTIES OF THE FIRST PART (Adoptive Parents):
MR. RAHUL VERMA, son of [Father's Name], aged about 35 years, residing at [Address], (hereinafter referred to as the "Adoptive Father")
MRS. PRIYA VERMA, wife of Mr. Rahul Verma, aged about 33 years, residing at [Address], (hereinafter referred to as the "Adoptive Mother") 
(Collectively referred to as the "Adoptive Parents")

AND
PARTIES OF THE SECOND PART (Natural Parents):
MR. SURESH KUMAR, son of [Father's Name], aged about 40 years, residing at [Address], (hereinafter referred to as the "Natural Father")
MRS. ANITA KUMAR, wife of Mr. Suresh Kumar, aged about 38 years, residing at [Address], (hereinafter referred to as the "Natural Mother")
(Collectively referred to as the "Natural Parents")

AND
PARTY OF THE THIRD PART (Adopted Child):
KUMARI ANANYA, a minor girl, daughter of the Natural Parents, born on [Date of Birth], residing with the Natural Parents (hereinafter referred to as the "Child")

WHEREAS:
The Adoptive Parents, Rahul Verma and Priya Verma, are Hindu by religion, are legally married, and have no biological children of their own despite several years of marriage and medical efforts.
The Natural Parents, Suresh Kumar and Anita Kumar, have a natural daughter, Kumari Ananya, and have decided to give her in adoption for her welfare and future, having consented freely.
The Adoptive Parents desire to adopt the Child to provide her with a stable family life and perpetuate their family name. 
NOW, THIS DEED WITNESSETH AS FOLLOWS:
The Natural Parents, with mutual consent and free will, hereby give, transfer, and hand over their daughter, Kumari Ananya, in adoption to the Adoptive Parents, Rahul Verma and Priya Verma.
The Adoptive Parents accept the Child in adoption, agreeing to bring her up as their own daughter, providing her with all parental care, education, and maintenance, as per Hindu rites and customs.
Upon this adoption, the Child shall be known as KUMARI ANANYA VERMA, and all rights, privileges, and obligations of a natural daughter shall vest in her, including inheritance, with her from the Adoptive Parents.
The Child shall be completely severed from the Natural Parents, losing all rights and claims over their family, property, and lineage, and the Natural Parents shall have no further responsibility for her.
All customary adoption ceremonies (like datta homam, giving and taking) have been performed by both parties, symbolizing the valid adoption under Hindu Law. 
IN WITNESS WHEREOF, the parties have executed this Deed on the day, month, and year first above written, in the presence of the undersigned witnesses. 
WITNESSES:
      

Particulars

Material Facts: Essentials facts of case mentioned in plea
Particulars: add detail (e.g., when, where, how much) to facts
Example: Car accident (material fact), particulars would be date, time, location, speed, and specific actions of the driver
Effect of Omission of Particulars:   Legally incomplete pleading
  court might strike out vague allegations or dismiss the entire claim if particulars are missing
  Once particulars are given, the party is generally bound by them and must prove their case within those specifics.

Material Facts vs. Particulars

Deed

formal, written legal document that transfers ownership of an asset (most commonly real estate)
Essentials of a Valid Deed
1. In Writing
2. Competent Parties
3. Identification of Parties and Property
4. Deed description
5. Delivery and acceptance
6. Stamping and registration

Types of Deed
Sale, Gift, Lease, Adotion, Warranty, Quitclaim

Deed Poll and an Indenture Deed

Reciept

acknowledgment that something of value—typically money—has been transferred from one party to another

Common details found on a receipt include:
  The seller's name and address
  The date and time of the transaction
  A description of the items purchased
  The price of each item
  The total amount paid
  The method of payment
      

Promissory note

A promissory note is a written, unconditional promise by one party (maker) to pay a specific sum to another (payee) by a set date. But when asked or demanded. This can be on Stamp paper and stamped by notary.

Cases