Drafting, Pleadings and Appearances · Pleadings

Drafting Petitions, Applications and Affidavits for Courts

Updated 11 October 2026 · Fact-checked

A petition starts a proceeding and asks the court or tribunal for a main relief, such as a writ. An application is filed inside a pending proceeding for an interim or procedural order. An affidavit is a sworn statement of facts that supports either. Draft each with title, facts, grounds, prayer and verification.

Understand Petitions, Applications and Affidavits

Start with the basic split. A petition is the document that begins a proceeding in a High Court, the Supreme Court or a tribunal, and it asks for the main relief. A writ petition is a petition. So is a company petition before the NCLT. A plaint begins a civil suit, so do not call that a petition.

An application (or interim application) is different. It is filed in a proceeding that already exists. It asks for a limited order while the main matter is pending: a stay, an injunction, condonation of delay, amendment, impleadment, or directions on documents. It carries the same case title as the main matter and usually refers to the main matter's number.

An affidavit is a written statement of facts, sworn or affirmed by the person making it (the deponent) before an oath commissioner, notary or other authorised officer. Courts act on facts stated in affidavits. So a petition or application that rests on facts needs a supporting affidavit that swears to them. The deponent must separate what is true to personal knowledge from what is true on information and belief.

Appeals and revisions are also drafted as petitions or memoranda. An appeal challenges a decree or order on grounds of error and goes to the court that the law names. Under Section 106 of the Code of Civil Procedure, 1908, where an appeal from an order is allowed, it lies to the court to which an appeal would lie from the decree in that suit. If the order was made by a court, other than a High Court, in appellate jurisdiction, the appeal lies to the High Court. A revision asks a higher court to correct a jurisdictional or procedural error in a decided matter. You must check the statute or rules for the forum, limitation and any pre-deposit.

The same Code governs the forums you draft for. Section 9 gives civil courts jurisdiction over all suits of a civil nature unless cognizance is expressly or impliedly barred. Section 117 applies the Code to High Courts, subject to the Code's own provisions and rules. Section 112 saves the Supreme Court's powers under Article 136 of the Constitution and its own rules on appeals. So always check the forum's rules before you copy a general format.

Key rules to remember

Core parts of a petition: Cause title → Heading (nature of petition) → Facts → Grounds → Prayer → Signature of advocate/party → Verification → Supporting affidavit → Annexures; Keep the order. Grounds are legal reasons; facts are events. Do not mix them.
Core parts of an interim application: Same cause title as main matter → Heading with provision relied on → Short facts → Grounds for urgency/prima facie case → Prayer → Affidavit; Name the main matter's number and the exact interim relief sought.
Core parts of an affidavit: Title of matter → Deponent's name, age, address → Numbered paragraphs of facts → Source of knowledge → Verification (place, date) → Signature → Attestation; Separate personal knowledge from information and belief, and state the source of belief.
Forum for appeal from an order (Section 106 CPC): Appeal from an order lies to the court to which appeal lies from the decree in that suit; if the order is by a non-High Court court in appellate jurisdiction, to the High Court; Applies only where an appeal from the order is allowed by law.
Savings for the Supreme Court (Section 112 CPC): The Code does not affect the Supreme Court's powers under Article 136 or its rules on presenting and conducting appeals; Follow Supreme Court rules for special leave petitions.
Application of the Code to High Courts (Section 117 CPC): Subject to the Code's own Part, Part X and rules, the Code applies to High Courts; High Court rules can modify procedure, so check them.

How to solve Petitions, Applications and Affidavits questions

Use one method for any question that asks you to draft a petition, application, appeal, revision or affidavit.

1Identify the document: starts a proceeding (petition), seeks an order in a pending matter (application), challenges a decision (appeal or revision), or swears facts (affidavit).
2Fix the forum and the provision. Name the court or tribunal, the Act or rule under which you move, and the party status (petitioner, applicant, appellant, respondent).
3Write the cause title: forum, case type and number (or blank), full names of parties with their roles.
4Set out facts in short numbered paragraphs in date order, using only the facts given. Do not invent dates or figures; use blanks if needed.
5Give grounds as separate numbered legal reasons: jurisdiction, violation of law or natural justice, urgency, balance of convenience.
6Draft a specific prayer: main relief, interim relief, and a general relief clause. Match each prayer to a ground.
7Add signature, verification and a supporting affidavit with deponent details, source of knowledge and attestation.
8List annexures and check limitation, fees and condonation of delay if any.

Quickest way: Title–Facts–Grounds–Prayer–Oath

When to use it: Use this when a drafting question gives you under 20 minutes.

Write the forum and cause title first. It earns marks fast.
Write a one-line heading naming the document and the provision.
List facts in 5 to 8 numbered lines, then 3 to 5 grounds.
Write the prayer in lettered clauses, including interim relief if the facts show urgency.
Close with verification and a short affidavit in numbered paragraphs, then signatures and date.

Common mistakes in Petitions, Applications and Affidavits

Calling every document a petition or using a petition where an application is needed
Students treat the terms as the same.
Fix: Ask whether a proceeding is already pending. If yes, file an application in it. If you are starting the matter, file a petition.
Mixing facts and grounds in the same paragraphs
Both are written as a story.
Fix: Keep facts as events in date order. Keep grounds as legal reasons under separate numbering.
Vague or missing prayer
Students run out of time at the end.
Fix: Write a specific prayer, with interim relief and a general relief clause. Draft it before the grounds if time is short.
Affidavit without source of knowledge or with defective verification
Students copy a template without understanding why it matters.
Fix: Say which paragraphs are true to personal knowledge and which are on information and belief, with the source. Add place, date and signature.
Ignoring the forum's own rules and the correct appellate court
Students assume one format fits all courts.
Fix: Name the forum and rule. For appeals from orders, apply Section 106 CPC and check the statute for limitation and any pre-deposit.

Worked examples

Example 1

Meera Textiles Pvt. Ltd., Surat, is a defendant in a pending civil suit. The plaintiff has moved to sell the company's machinery. Draft the heading, grounds and prayer of an interim application for stay of the sale.

Show the solution

Identify the document. A suit is pending, so you file an interim application in that suit, not a fresh petition.
Write the cause title with the court, the suit number (blank), and the parties in their suit roles: plaintiff and defendant.
Write the heading: Application on behalf of the defendant for stay of sale of machinery pending disposal of the suit, under the provision of the Code and the court's inherent power. Name any provision only if you are sure of it.
State short facts in numbered paragraphs: the suit, the claim, the threatened sale, and the date of the notice.
Give grounds: prima facie case, balance of convenience in favour of the defendant, and irreparable loss if the machinery is sold before trial.
Write the prayer: (a) stay of sale till disposal of the suit; (b) ad-interim stay till the next date; (c) any other relief the court thinks fit.
Add the verification and a supporting affidavit by the company's director, stating which facts are within personal knowledge.

Answer: File an interim application in the pending suit with the same cause title, short numbered facts, grounds of prima facie case, balance of convenience and irreparable loss, and a prayer for stay and ad-interim stay, supported by a director's affidavit.

Example 2

Rohan Mehta, a company secretary, must draft the supporting affidavit for a writ petition filed by Anand Traders Pvt. Ltd. Outline the affidavit.

Show the solution

Write the cause title as in the writ petition, with forum and parties.
Name the deponent: Rohan Mehta, age, occupation, address, and his authority to swear for the company, such as a board resolution.
Write numbered paragraphs: he is authorised and acquainted with the facts; the facts in the petition in specified paragraphs are true to his personal knowledge; the legal submissions are on the advice he believes to be correct.
Separate any fact stated on information and belief, and say the source, such as company records.
Add the verification clause with place and date, stating that nothing is false and nothing material is concealed.
Add the deponent's signature and the attestation by an oath commissioner or notary.

Answer: The affidavit has the same cause title, deponent details and authority, numbered paragraphs separating personal knowledge from information and belief with sources, a verification with place and date, the deponent's signature, and attestation.

Exam tips

Begin every drafting answer with the forum and cause title. Examiners look for it first.
Write the heading with the type of document and the provision. If unsure of a section number, do not guess; name the Act or rule in words.
Use blanks for dates, numbers and names that the question does not give. Do not invent facts.
Match each prayer to a ground. A prayer without a ground, or a ground without a prayer, loses marks.
For appeals and revisions, state the forum correctly and mention limitation and condonation of delay if the facts suggest delay.

Practice questions from Pleadings

Petitions, Applications and Affidavits: frequently asked questions

What is the difference between a petition and an application?

A petition starts a proceeding and asks for the main relief, such as a writ or a company petition. An application is filed inside a pending proceeding for an interim or procedural order. Both are usually supported by an affidavit.

How do I draft a writ petition in the CS Professional exam?

Write the court and cause title, a heading naming the Article or provision relied on, numbered facts, numbered grounds and a specific prayer. Add verification and a supporting affidavit. Annex the documents relied on.

Is an affidavit always required with a petition or application?

Where the petition or application relies on facts, courts and tribunals generally expect an affidavit to support them. Check the forum's rules. In the exam, include one when the facts need proof.

Which court hears an appeal from an order under the CPC?

Section 106 says that where an appeal from an order is allowed, it lies to the court to which an appeal would lie from the decree in that suit. If the order was made by a court other than a High Court in appellate jurisdiction, the appeal lies to the High Court.