Nilesh M Kharche, LLB, CS

Nilesh KharcheMeaning

Pursis is written statement /information given to the court pertaining to any matter pending before it which may include information/ facts/ joint statement/ compromise/ settlement/ no instruction from a party etc with the intent to put the same before the court for its consideration in any proceeding.  For instance the party can file a pursis and inform that there is out of court settlement and hence it wishes to withdraw the suit or in the alternative the terms of compromise are documented, thereby requesting the court to pass a   consent decree.

Mode of filing

Puris can be filed with the permission of the Court.

Leave of Court can be obtained post statement of a Party and the verbatim copy of the stamen needs to be submitted on the same day which can be recorded in the hearing.

Stamping

Requisite court fee stamps needs to be affixed to Pursis as per the respective State’s High Court Rules

It also can be referred to a procedure to get the verbal remarks of opposite party in the Court.

Format of Pursis

It can be taken on legal paper in the following format

before the Hon’ble Court of…..

Court case No. …….

Missl. Purshis (civil or criminal) No……….

“Pursis in the matter of ………….”

XYZ Vs. ABC

Date:-___________

——————————————————————-

——————————————————————-

——————————————————————-

——————————————————————-

The party submits leave of the ld. court to file sworn oath affidavit on the material consideration matter hereof if so instructed hence this Pursis.

Filed by / Drawn by……

Examples of Pursis

  1. Parties enter into a compromise, a joint pursis of compromise can be filed
  2. In case wife threatens that she would commit suicide and will name her husband, a pursis can be filed to record such statement
  3. No instruction pursis can be filed in case advocate appearing before court has not received any instruction from his client
  4. For closing any litigation filed by the party, such party may file closing pursis

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