Application Of Undertaking Format
Introduction
An Undertaking Application is a formal statement submitted before the Honorable District Court whereby a party or its counsel solemnly assures the Court to comply with a specific requirement, obligation, or future act. In practice, such an undertaking is most commonly filed along with a Wakalatnama, either in a freshly instituted case or in a pending matter, where certain procedural requirements are temporarily incomplete.
The purpose of an undertaking application is to seek the Court’s indulgence by assuring that the missing document, fee, stamp, power, or compliance shall be completed within the time granted by the Court. Courts routinely allow the filing of a Wakalatnama, subject to an undertaking, especially where immediate representation is necessary to protect the litigant’s rights. An undertaking once accepted becomes binding, and any subsequent violation may result in legal consequences, including contempt proceedings.
Legal Provision
There is no specific section in the CPC that exclusively governs undertaking applications. However, such applications are generally entertained under:
- Section 151 CPC: Inherent powers of the Court to secure the ends of justice
- Order III Rule 4 CPC: Appointment of pleader through Wakalatnama
- Article 204 of the Constitution of Pakistan: Contempt of Court (in case of breach of undertaking)
The Court exercises its inherent jurisdiction to accept undertakings to prevent injustice and avoid unnecessary delays in proceedings.
Application Of Undertaking Format
The application of the undertaking format is given below:
IN THE COURT OF _____________ (District Judge / Civil Judge / Family Judge)
AT Karachi District _____________
Session Case/Suit No. _____ of 20___
ABC ——————————————— Plaintiff
V E R S U S
XYZ ———————————————- Defendant
Application For Undertaking
I ______________________ Advocate or Advocate High Court being Counsel for Plaintiff or Defendant Undertake to file Power/Vakalatnama on next date of hearing for the reason is that Yesterday night the Plaintiff or defendant informed about pendency and issuance of Summons Dated: _______________ to the undersigned Advocate and he further informed that yesterday a call has been recieved get knowledge about it.
Therefore it is further prayed to adjourn the above matter in the interest of Justice and the Plaintiff and Defendant shall appear before this Honorable Court on next next date of hearing. In view of the above, it is most respectfully prayed that this Honorable Court may graciously be pleased to accept the Wakalatnama subject to this undertaking, in the interest of justice.
Any other relief deemed just and proper may also be granted.
Prayed Accordingly
KARACHI
DATED: _________________
Advocate Name _________________________
Ledger Number __________________________
Mobile Number __________________________
Office Address ___________________________
Disclaimer
The format and information provided above are for educational and reference purposes only. They are intended to offer general guidance on legal drafting and procedure and should not be treated as legal advice. Each case depends on its own specific facts, applicable law, and court practice; therefore, users are advised to modify the format according to their particular circumstances and seek professional legal advice as necessary.