Pursit

PURSIS

Purshis

It MUST be realised that 'Purshis' is a very strong, important and useful 'strategic practice procedure tool' in legal battles. Most of the litigants are not aware about this leave aside Advocates who do not know about its usage and probably may not care for using this tool (practice procedure). This tool could make you win a case comfortably if op. side is making mistakes and your side submits purshis on it. The importance of Purshis lie in its simple practicality. This is as effective tool as S.340 Cr.P.C. believe me. Mostly Ld. Courts in Maharashtra / Gujarat and Karnataka use Purshis and majority of judgments one can find from these three States on purshis . However, when such matters are referred to Hon’ble SC then reference of Purshis by Lordships are also read down


Q.: What is 'Purshis'?
Ans.: It is a statement given ld Court in writing by either party and or given to ld. Court even by either sides Advocates who want to include facts / info./ joint statement / a compromise statement / no instruction from party given by a advocate (seeking adjournment / absence of his client etc.) etc. as material consideration by ld. Court and same can be marked as Exhibit too.


Q.: Who can use Purshis?
Ans.: Both opening as well as defendant party can use it in favor or against each other and or as joint compromise statement and even by Advocate of a party uses it and it is useful tool (procedure) of ld. Court by parties as it forms materials of ld. Court record.


Q.: Where Purshis could be used ?
Ans.: It is used mostly in Civil matters as exhibit / marked document / as evidence under CPC procedural laws with permission of the ld. Court. It can also be used in criminal matters with permission of the ld. Court.


Q.: When Purshis could be used?
Ans.: It is like asking when can I use S. 340 CrPC :-) same way answer is self explanatory minus my trademark pun intended.......


Q.: How Purshis should be used?
Ans.: All one has to do is take Leave of the Court post statement of party and produce the verbatim copy of the statement and submit it in same court same day and it needs to be recorded in days ld. Court hearing.


Q.: Whether Purshis require any court fee stamp?
Ans.: Yes, it requires minimum Rs. 2 court fees and maximum Rs. 15 court fees depending upon State High Court Rules.


Q. Can one take certified copy of Purshis?
Ans.: Yes why not it is routinely routed through certifying agency copy work as in certified copy of a document (treated in that way I mean) and it is always better if a submitted Purshis is marked as Exhibit and then asked a certified copy thereof!


Format of Purshis:

On Legal paper as title after standard before the Hon'ble Court of.....then next line Cour case No. ....... then write Missl. Purshis (civil or criminal) No........../ 2010 then

write "Purshis in the matter of ............."

Then mention parties names X Vs. Y

Mention on extreme right Date of filing:

Now mention para wise the matter which you want the court to take note of

XXXXX
XXXX

XXXXX

At the end write in last para - The party submits leave of the ld. court to file sworn oath affidit on the material consideration matter hereof if so instructed hence this Purshis.

Filed by / Drawn by……

Sign it if party is producing it otherwise it is a must that a Advocate signs it as per
S. 34 Advocates Act 1961 sub Rules.


This is usual practice I often used and it did work, you yourself use it, then come to know how practical a small piece of legal paper becomes as “exhibit” and here pops reliefs.......J


Some Illustrations of Purshis usage:-

1. X and Y compromise on some issues. They can 'jointly' file then and there a "joint Purshis" and it becomes material records of the Ld. Court and can be Exhibited too in appelllate Court if any.

2. Suppose Wife threatens in court that "she will commit suicide and names husband etc..." . Use "Purshis" because making such threat is clearly illegal and we all know ld. Court will be least bothered to record such verbatim of a wife so it becomes duty of husband side to file immediately a Purshis and get it recorded as "filed Purshis" in court Order sheet of the date. !

3. Another example where wife says in court husband is carrying a voice recorder and upon such bald allegations the ld. Court asks court marshall to frisk husband and he was thus frisked...nothing was found. Well what was this conduct' of a wife in ld. Court ? This kind of remark could be recorded under Purshis.

4. A party (client) does not give any instruction to Advocate but advocate appears before Ld. Court. He can very well file ?no instructions Purshis" before Ld. Court. This is useful if defence gets struck of of a client and witness needs ot be recalled by that party but lack of 'instructions' from a client hampered the advocates call before the Cour that day etc. All these could be easily come under Order Sheet of the day and or as exhibits.

5. Suppose wife and husband compromise and then they can file a 'joint compromise Purshis" before Ld. Court, it is a valid documents and there have been cases based on such Purshis Decrees have been awarded !

6. X wants to file a Memo before th Ld. Court. Now he can easily file a "Purshis (memo)" and even get it recorded in Court Order Sheet and reference of such Purshis (memo) are there in various judgments.

7. Suppose in a land issue one party wants to end the litigation, he can easily file a  “closing Purshis" mentioning paras of issue ending between them and ld. Court is bound to record "closing Purshis" 

@ Mr. Krishnan

Off the records were you testing members here for their knowledge sharing kya ! J

Gurudev, you are opening this post to get to know from members what is a 'pursis' when I replied in details you are chewing LCI bandwiddth with another post thread as

https://www.lawyersclubindia.com/forum/PURSIS-25865.asp 

and giving the very origin details which you asked in this thread post whose further discovery in my opinion could have come under this thread itself [is my point] !


[I hv read your PM to me after making this reply  J ] BTW do you have that book which you quoted in above link or do you have special knowledge of its eBook version? BTW, it is not there in D HC library I checked just this morning.


All above said in lighter mode ……….

Cheers and all the best  J  J  J  J  J  J  J  J  J  

wah wa !

samaz gaya !!

Thanks to Tajobsindia , very detailed information on pursis

can pursis be filed on next hearing ?

(as the descripancies in the pleadings of opponants {along with evidences} are discovered a few days after the previous date of hearing.)

Experts,

Normally I use to file a memo for the same reason of having any verbal communication as a written statement.Whats the difference between a memo and pursis?