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S.35, 35A, 35B

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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