Delhi High Court Petition Draft under Article 227 – Order VII Rule 11 CPC
At LawTrix, we provide professionally drafted petitions, applications, and legal documents tailored for proceedings before the Hon’ble High Courts and Trial Courts across India. The present draft is a CM(M) Petition under Article 227 of the Constitution of India, challenging the impugned order of the District Judge, Delhi, whereby the petitioner’s application under Order VII Rule 11 CPC was dismissed.
This draft includes:
Urgent Application as per Delhi High Court Rules
Notice of Motion with proper formatting and service proof
Memo of Parties & Synopsis of dates/events for easy understanding
Petition under Article 227 of the Constitution with detailed grounds for challenge
Applications under Section 151 CPC (for Stay and Exemption)
Affidavits and Vakalatnama as per procedural requirements
Helps advocates and petitioners in preparing error-free filings before the Delhi High Court.
Provides a ready-to-use legal draft template for matters involving rejection of plaint under Order VII Rule 11 CPC.
Covers essential grounds of challenge, prayers, and affidavits, ensuring procedural compliance.
Delhi High Court Petition Draft | Article 227 Petition Sample | Order VII Rule 11 CPC Draft | CM(M) Petition Delhi High Court | Legal Drafts for Partition and Injunction Suits | Stay Application under Section 151 CPC | High Court Affidavit Format | LawTrix Legal Drafts
At LawTrix, we simplify complex legal drafting for advocates, law students, and litigants. This draft can serve as a reference template or be customized for your case, ensuring compliance with Delhi High Court procedures while maintaining professional precision.
Draft-
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
|
S.NO. |
PARTICULARS |
PAGES |
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1. |
Urgent Application |
|
|
2. |
Notice of Motion with proof of
service |
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|
3. |
Court fees |
|
|
4. |
Memo of parties |
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5. |
Synopsis of List of dates and
events |
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6. |
Petition under Article 227 of the Constitution of India, 1950 along with affidavit in support thereof. |
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7. |
ANNEXURE P/1 The
copy of impugned order dated _______passed
by Ld. District Judge, District, Delhi |
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8. |
ANNEXURE P/2 The copy of the amended plaint filed by the respondent in the Ld. Trial court. |
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9. |
ANNEXURE P/3 The copy of the application filed by the petitioner/defendant under Order VII Rule 11 CPC. |
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10. |
ANNEXURE P/4 The copy of the reply filed by the plaintiffs to the application. |
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11. |
Vakalatnama |
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THROUGH
Advocate
Place: New Delhi
Filed on:
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
To,
The Deputy Registrar,
High Court of Delhi,
New Delhi.
Sir,
Kindly treat the accompanying
petition as urgent according to the Delhi High Court Rules as:
“The petitioner is challenging the impugned order whereby the application under Order VII rule 11 filed by petitioner is dismissed.”
Yours faithfully,
Advocate for the petitioners
New Delhi
Date :
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
NOTICE OF MOTION
To,
The Standing Counsel
Sir,
The enclosed petition in the aforesaid matter is being filed on behalf of the petitioners and is likely to be listed on ________ or any date thereafter. Please take notice accordingly.
Thanking you,
Advocate
Copy
to : All respondents
Encl.:-
Copy of Petition.
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
_____________ ....RESPONDENTS
[CM(Main) under Section 115 of CPC against
the impugned order dated _______passed by Ld. District Judge, District, Delhi in
_____titled as___________]
MEMO OF PARTIES
___________
S/o
R/o ……Petitioner
Versus
___________
S/o
R/o …..Respondent
New Delhi Petitioner
Dated: Through
Advocate
Filed on:
SYNOPSIS
The petitioner is aggrieved by the impugned order dated ______passed in_____, whereby the Ld. Trial Court has dismissed the application filed by the petitioner under Order VII rule 11 read with section 151 of CPC.
It
is plaintiffs/respondents have filed the suit for partition and permanent
injunction against the petitioner and other plaintiffs. The
plaintiffs/respondents have specifically admitted in__________. It is submitted
that___________.
The Ld. Trial
Court did not appreciate that apart from aforesaid admission in the plaint_________
is not maintainable in law for want of cause of action.
It is pertinent to note that the plaintiff has ________________The grievance of the plaintiff essentially is that petitioner and other plaintiffs are in possession of______________. The suit for partition and permanent injunction is not maintainable for the want of cause of action under Order VII rule 11 (d) CPC.
The Trial Court has illegally and arbitrarily dismissed the application filed by the petitioner under Order VII Rule 11 read with section 151 of CPC, and therefore, the present case is a fit case to exercise the extraordinary jurisdiction under Article 227 of the Constitution of India. Hence the present petition.
LIST OF DATES
|
_____ |
The respondents had filed a suit for
partition and permanent injunction |
|
__________ |
The petitioner had filed an application Under Order VII Rule 11 of CPC stating that the suit is not
having a valid cause of action. |
|
_______ |
The respondents filed the reply to
the application Order VII Rule 11 read with section 151 of CPC filed by
petitioner and other defendants. |
|
_______ |
Ld. Trial Court has dismissed the
application filed by the petitioner under Order VII rule 11 read with section
151 of CPC. |
|
_______ |
Hence, the present petition. |
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENT
Petition under ARTICLE 227 OF THE CONSTITUTION OF INDIA AGAINST THE IMPUGNED ORDER DATED _______PASSED BY LD. DISTRICT JUDGE, DISTRICT,___TITLED AS ‘__________”
MOST RESPECTFULLY SHEWETH:
1. That the petitioner is preferring the present petition under Article 227 of the Constitution of India against the impugned order dated ________passed by Ld. District Judge, in CS______titled as ‘______________, whereby the Ld. Trial Court has dismissed the application filed by the petitioner under Order VII Rule 11 read with section 151 CPC. The copy of impugned order dated ______passed by Ld. District Judge, District, _____, Delhi in CS _______is annexed herewith as Annexure-P/1
2. The brief leading to the filing of the present petition are that the original plantiffs had filed the suit for partition and permanent injunction against the petitioner and other respondents. __________________________The copy of amended plaint filed by respondents/plaintiffs are annexed herewith as Annexure P/2.
3. That the defendant/petitioner had preferred an application under Order VII Rule 11 of the Code of Civil Procedure, 1908, before the Ld. Trial Court seeking rejection of the plaint. The copy of application under Order VII Rule 11 of the Code of Civil Procedure, 1908 is annexed herewith as Annexure P/3. The respondents filed the reply to the application Order VII Rule 11 read with section 151 of CPC filed by petitioner and other defendants. The copy of the reply filed by the plaintiffs to the application are annexed herewith as Annexure P/4.
4. That the plaintiffs/respondent had made the averment in the plaint that __________________________.
5. The Learned Trial Court, vide the impugned order dated _________disposed of the application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908, with a direction to proceed
GROUNDS
A. Because the Ld. Trial Court has failed to appreciate that there was sufficient material on record to warrant rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, and has erred in law in dismissing the application and permitting the suit to proceed further contrary to the settled principles of law.
B. Because the Ld. Trial Court has passed a speaking but wholly unreasonable and unsustainable order, which is contrary to the object and true spirit of the provisions contained under Order VII Rule 11 of the Code of Civil Procedure, 1908.
C. Because it is the specific case of the petitioner that the respondent, in the amended plaint filed before the Ld. Trial Court, has himself admitted in _______that the partition of the suit property had already been affected orally by the father of the parties.
D. Because the Ld. Trial Court failed to appreciate that in the absence of any specific pleading in the plaint stating that the suit properties are joint, undivided, and unpartitioned, and that the parties continue to remain in joint possession thereof, the suit is not maintainable in law for want of a valid cause of action.
E. Because allowing the present suit to proceed would be contrary to the doctrine of estoppel, as the plaintiffs have already admitted and accepted the oral partition between the parties in their own pleadings, and are therefore estopped from resiling from their earlier admission.
F. Because the order passed by the Ld Trial Court is contrary to the law laid down in this regard by the Hon’ble Court as well as the Hon’ble Supreme Court of India, in ____________
6. That feeling aggrieved by the impugned order, the Petitioners are filing the present petition on the following amongst other grounds.
7. That the petitioners have no other alternative equally efficacious remedy but to approach this Hon’ble Court by way of the present petition.
8. That the petitioner has not filed any other petition before this Court or before the Hon’ble Supreme Court challenging the impugned order.
9. That
the annexures to this Petition are true copies of the original available with
the petitioners.
It is, therefore, most respectfully prayed that in the interest of justice this Hon’ble Court may graciously be pleased to:
(i) Set aside the impugned order dated _______passed by Ld. District Judge (Commercial Courts), East District, ______Delhi in CS ______titled as _______________
(ii)
grant
any other and/ or further relief(s) which this Hon’ble court may deem fit and
proper in the facts and circumstances of the present case.
New Delhi Petitioner
Dated: Through
Advocate
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
A
F F I D A V I T
I, ________S/o_______, Aged about ____ years, R/o _______________do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the present case and well conversant with the facts and circumstances of the case and as such, competent to swear this affidavit.
2. I say that I have gone through the contents of the accompanying petition under Article 227 of the Constitution of India, 1950, which has been drafted as per my instructions and also read over to me in vernacular, the contents of the same, may be read as part of this affidavit, are true and correct.
3. I say that the annexures to this petition are true copies of their respective originals.
DEPONENT
Verified on solemn
affirmation at New Delhi on this ____ day of _________that the contents of the
aforesaid affidavit are true and correct to my knowledge. No part of it is
false and nothing material has been concealed therefrom.
DEPONENT
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
AN APPLICATION UNDER SECTION 151 CPC FOR STAY OF PROCEEDINGS
1. That the petitioner is preferring the petition under against the impugned order dated 09.04.2025 passed by Ld. District Judge, District, Delhi in CS _____ titled as ‘_______________, whereby the Ld. Trial Court has dismissed the application filed by the petitioner under Order VII Rule 11 read with section 151 CPC.
2. That the contents of the said Petition may be read as part and parcel of this present application as well, as those not being repeated herein for the sake of brevity and to avoid repetition.
3. It is pertinent to note that the plaintiff has admitted to _____________The suit for partition and permanent injunction is not maintainable for the want of cause of action under Order VII rule 11 (d) CPC.
4. That the Ld. Trial Court did not appreciate that __________________.
5. That it is submitted that in absence of any pleading in the plaint that _______therefore, the suit for partition is not maintainable in law for want of cause of action.
6. That the impugned order passed by Ld. Trial Court dismissing the application under Order VII Rule 11 is erroneous as the Hon’ble Court has failed to appreciate the facts of the case. The Petitioner humbly submits that the impugned order passed by the court of Ld. Trial Court is liable to be set aside on the grounds as set out in the accompanying petition.
7. That the Petitioner has a very good case on merits and if the trial is allowed to proceed, the petitioner shall suffer unwarranted loss, liability, harm, injury and grave injustice which cannot be compensated under any circumstances.
8.
Because on the
other hand no prejudice shall be caused to the Respondent if the impugned order
is stayed till adjudication of the present petition.
P R A Y E R
It is, therefore, most respectfully prayed that in the interest of justice this Hon’ble Court may graciously be pleased to:
(i) Stay impugned order dated ___passed by Ld. District Judge, District, Delhi in CS_____titled as ‘_________; and
(ii) Pass any other and/ or further order(s) which this Hon’ble court may deem fit and proper in the facts and circumstances of the present case.
New Delhi
Date
THROUGH
Advocate
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
AFFIDAVIT
I, _____S/o____, Aged about ___years, R/o ___________do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the present case and well conversant with the facts and circumstances of the case and as such, competent to swear this affidavit.
2. I say that I have gone through the contents of the accompanying application for stay, which has been drafted as per my instructions and also read over to me in vernacular, the contents of the same, may be read as part of this affidavit, are true and correct.
3. I state that the contents of the accompanying application be read as part and parcel of the present affidavit, as the same are not repeated herein for the sake of brevity.
DEPONENT
Verified on solemn
affirmation at New Delhi on this ____ day of _____ that the contents of the
aforesaid affidavit are true and correct to my knowledge. No part of it is
false and nothing material has been concealed therefrom.
DEPONENT
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
______________ ....RESPONDENTS
AN APPLICATION UNDER SECTION 151 CPC FOR EXEMPTION FROM FILING THE ORIGINAL/ CERTIFIED/ LEGIBLE COPIES OF THE ANNEXURES TO THE PETITION.
MOST RESPECTFULLY SHEWETH: -
1. That the petitioner is preferring the present petition against the impugned order dated _____passed by Ld. __________Delhi in CS _____titled as ‘________, whereby the Ld. Trial Court has dismissed the application filed by the petitioner under Order VII Rule 11 read with section 151 CPC
2. That the Petitioners are filing the present petition with the true copies of the annexures. That the original/ certified copies/ legible copies of the same would be produced on record as soon as the same are available with the petitioners or as and when directed by this Hon’ble Court.
P R A Y E R
It is, therefore, most
respectfully prayed that in the interest of justice this Hon’ble Court may
graciously be pleased to exempt the petitioners
from filing the original/ certified/ legible copies of the annexures with
required margin and double spacing in the interests of justice. And/or
pass any order and/ or further order(s) which this Hon’ble court may deem fit
and proper in the facts and circumstances of the present case
NEW DELHI
THROUGH
Advocate
IN
THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) NO. ______ of 2025
In the matter of:
______________ ...PETITIONER
VERSUS
__________ ....RESPONDENTS
I, _____, S/o_____, Aged about ___ years, R/o ______do hereby solemnly affirm and declare as under:
1. That I am the Petitioner in the present case and even otherwise being well conversant with the facts and circumstances of the case and as such, competent to swear this affidavit.
2. I say that I have gone through the contents of the accompanying application, which has been drafted as per my instructions and also read over to me in vernacular, the contents of the same, may be read as part of this affidavit, are true and correct.
3.
I state that the contents of the accompanying
application be read as part and parcel of the present affidavit, as the same
are not repeated herein for the sake of brevity.
DEPONENT
Verified on solemn
affirmation at New Delhi on this ____ day of _______that the contents of the
aforesaid affidavit are true and correct to my knowledge. No part of it is
false and nothing material has been concealed therefrom.
DEPONENT
