Lawdocs

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, [[DISTRICT OR PLACE]].

Suit no . . . . . . . . .  of 20. . .

IN THE MATTER OF:

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

Or

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff

Versus

[[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

Or

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . Defendant/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.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[Signature of the Plaintiff]

[Name of the Plaintiff]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date:1st day of January 20…]] 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.

[[Signature of the Plaintiff]]

[[Name of the Plaintiff]]

Get it in MS Word format and start
editing immmediately.

Are you an advocate?
Get empanelled with LawDocs.

Meet the clients online, via LawDocs. Let the people find and connect with you. Access the LawDocs resources and library, free.

Open chat