How to Draft a Petition

How to draft a petition (Special reference to writ petition)

We all need to draft petitions in day-to-day life; while drafting these petitions we made small mistakes, which causes delay in the process. Here, in this article, I will discuss succinctly about how to draft a petition and what all things we should keep in mind while drafting a petition.

1. Jurisdiction: It's the first thing we must keep in mind. For example, "High Court of Judicature for Rajasthan at Jodhpur / Jaipur". We must clearly mention the bench before which we are filling the petition.

2. Title: Title includes both, petitioner(s) as well as respondent(s) and it's the most important thing to do in any petition.

Title should be clear and shall include all the necessary details like name, father's name, age, permanent address, address of correspondence, if any. In case the party is in any govt. service then the present place of his / her posting can also be included. (If needed).

While drafting the title, names of all the relevant parties (respondents) shall be there and if necessary, then the private party(es) shall also be included for speedy and fair adjudication of the case.

Note: Not impleading any person as a party despite being directly affected by the outcome of the case can lead to dismissal of the case.

3. Subject Matter: Subject matter includes certain things, like:-

A. Under which Law/ Statute/ Section/ Sub- Section you are approaching the court.

B. The impugned order which is under challenge.

C. Rights which are being violated.

4. Address to the bench: Here you address the bench before which you are filling the petition. Generally, during the regular days, we address in the name of Chief Justice, but during the vacation (Summer/ Winter) the vacation bench/judge is being addressed.

5. Main draft (Pleadings): This is the most important and interesting part of your petition. Here, you will narrate the entire controversy in a certain manner. While drafting it certain things should be kept in mind: -

A. In the first paragraph, the petition should clearly mention about how he is falling under the jurisdiction. In case, if more than one party is the petitioner, in that case, the court rules shall be mentioned under which a joint petition can be filed.

B. In the second para, the petitioner shall clearly mention about how the respondents are amenable to the jurisdiction of the particular court before which the petition is being filed.

C. From third paragraph or after giving all the above-mentioned information, the pleadings should come.

D. Pleading should be precise.

E. All the necessary and relevant facts shall be disclosed.

F. Annex all the relevant documents, in a particular order.

G. Do not unnecessarily draft bulky petition.

H. Use simple language. Which is easy to understand.

I. In the final para the petitioner should include the section / article under which he/ she is approaching the court.

J. In High Court, while filing petitions under the original jurisdiction, we also declare, that due to non-availability of any other remedy the instant petition is being preferred.

Note: Pleading is the most important part of any petition, draft it wisely and calmly.

6. Grounds: Pleading is followed by grounds. Grounds can be divided in two parts; one is related to facts, and another is related to law and the petitioner must take both the grounds in his/her petition. Grounds must be self-explanatory, crisp and clean. Provisions of law can also be added, if necessary.

One most important thing is to keep in mind that grounds regarding the order which is under challenged should be taken while explaining that how the particular order is violating law/ rules / regulation etc.

7. Prayer: Prayer makes or breaks a case. Petitioner must seek consequential reliefs in prayer also, along with the main relief. Do not leave anything on the wisdom of the court. Court will grant you those reliefs only which you have sought. I have seen that sometime while arguing the counsel ask for something and court says, "where is this in your prayer", therefore, you must include all the reliefs you are seeking in your prayers.

8. Application for interim relief:

A petition is followed by the application for interim relief/ stay application. Must remember that the interim relief shall not be in the form of final relief. While drafting the application for interim relief we must tell the court what irreparable loss would be caused if the interim relief would not be granted.

9. Affidavits: A petition should be followed by affidavits. Below mentioned affidavits are being filed along with the petition.

A. Affidavit in support of the Petition.

B. Affidavit in support of the documents attached.

C. Affidavit in support of the stay application.

Affidavit should be properly signed and duly identified by the oath commissioner.

10. Synopsys: It must include all the relevant dates and event. It should be very precise. Generally, a synopsis should be in a page only.