Costs – S.35, 35A, 35B
A broad approach to drafting of any
Application / Petition / Complaint may be undertaken in three chronological
“Heads” –
(a) Reliefs prayed for / claimed: It is of
central importance that any prayer claimed, must be duly articulated, keeping
in mind (a) the jurisdiction of the concerned court, where the case is sought
to be filed; (b) the rights / interest claimed by the Plaintiff / Petitioner /
Complainant; (c) the obligations and liabilities of the opposite party alleged
of.
(b) Grounds for Reliefs prayed for / claimed; (both
factual and legal): Grounds
for Reliefs prayed for / claimed, implies (a) the essence / conclusion of
material facts or proposition of facts which supports the reliefs prayed for /
claimed; and (b) other legal provisions which supports the reliefs prayed for /
claimed. Grounds are statement of suggestions which would immediately justify
the grant of prayers. Grounds may be based on (a) material proposition of facts
and (b) the law as it stands. Separate grounds may be furnished for each of
reliefs prayed for.
(c) Material facts of the case: Narration of
material facts substantiating the grounds on which the reliefs are claimed:
Further, there may be narration of such facts in the beginning of the draft,
which would lay foundation for “material facts of the case”. The Materiality of
facts would always mean those “facts which are material to the relief claimed
or prayed for.
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