CENTRAL UNIVERSITY OF SOUTH BIHAR

School of Law & governance

Subject – Pleading and Drafting

Submitted to:
Dr. Pallavi Singh

Submitted By:
Kumar Ankit
B.A. LL.B (H)
9th Semester
CUSB1613125023

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Acknowledgement

I owe a sincere thanks to many people who helped me and guided me in

writing of this project. My deepest thanks to my course instructor Dr. Pallavi
Singh Mam for guiding and helping me at every stage during the completion of
this project with sincere attention and care.

Again, I would like to thank all mighty and my friends for supporting me in
whole process of this project completion. At last, my deep sense of gratitude
also goes to my friends, institution and every single person who are related
with this project in any way and without whom this project would have been a
distant reality.

Kumar Ankit

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Table of Contents

 Plaint………………………04-05
 Maintenance Petition……………………………..06
 Writ of Habeas Corpus……………………………………07-10
 Mortgage Deed………………………….11-12
 Dissolution of Partnership Deed………………………………13-14
 Lease deed……………………….15-16
 Gift Deed…………………………….17-18
 Partnership Deed……………………………………19-21
 Sale Deed……………………………………22-24
 Anticipatory Bail Application……………………………………25-26
 Criminal Complaint…………………………………………..27-28
 FIR report…………………………………..29-31
 Interim Injunction……………………………………….32-33
 Written Statement…………………………………..34-35
 Plaint……………………………….36-39

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 Plaint:

Q - A has filed a suit against B to recover Rs. 5000 due on a promissory note in the court of
Senior Civil Judge at Hyderabad. Due to sudden dislocation of the railway service B failed
to attend the court at time of hearing and decree is passed against him. Mr. B briefs you
to make an application to the court for setting aside ex- parte decree, draft the
application.

IN THE COURT OF SENIOR CIVIL JUDGE HYDERABAD

SUIT NO. 1832 / 2012

Daniel S/o Victor

B.G. Colony
Charminar Road,
Hyderabad…………………………………………………………………………………………..Plaintiff
Vs
Abdul S/o Rahim
Advocates Colony
Golkonda Road
Hyderabad…………………………………………………………………………………………..Defendant

Application under Order IX Rule 13 of CPC, 1908

The respondent/applicant respectfully states as follows: -

1) The Plaintiff filed the above suit which was decreed ex-parte against the
applicant on 11/09/2020.
2) The applicant came of know of this fact on 21/09/2020, when a demand notice
was served on him by the plaintiff for the decretal amount.
3) The plaintiff obtained the decree by suppression of material facts.
4) The summons in the said case was not served at all on the respondent/applicant.
5) The respondent/applicant could not enter appearance in the said case by reason
on non- service of the summons.
6) Relief Claimed: The applicant accordingly prays that the decree passed ex parte
on 10/10/2020 against the applicant in the aforementioned case be set aside and
the aforementioned case be tried in presence of the applicant.

Place: Hyderabad

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(Signature of the applicant)

Date:25/09/2020

YYY

Advocate for

Respondent/Applicant

Verification

I, M. N. s/o O. P. do hereby verify that the contents from paras 1 to 5 are correct and true to
the best of my knowledge and the rest of the contents are based on legal advice, which I
believe to be true. Affirmed at Indore this 5th Day of September 2020.

(Signature)

Respondent/Applicant

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 Maintenance petition under section 125 CrPC.

Q - A is legally wedded wife of B. After marriage for a period of five years they lived
happily. During the wedlock period A gave birth to one male child. B got second marriage
with Z. Since the date of second marriage B has neglected the maintenance of A. Draft a
petition filed on behalf of “A” filed under Section 125 Cr. PC, 1973.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE.

A……………………………………………………………………………………………..Petitioner

Vs

B………………………………………………………………………………………………Respondent

The petitioners respectfully submit as under: —

1) That the petitioner No. 1 is legally wedded wife of the respondent and petitioner No.
2 is their son aged 5 years.
2) That marriage of petitioner No. 1 was solemnized with the respondent on according
to Hindu rites. After the marriage, petitioner No. 1 started residing at her
matrimonial home. One year after the marriage, petitioner No. 1 was blessed with
male child-petitioner No. 2.
3) That for about four years, relations between petitioner No. 1 and her husband-
respondent were cordial, but thereafter the respondent started treating her with
cruelty.
4) That after repeated acts of cruelty at his hands, on the respondent turned out the
petitioner No. 1 and 2 from the matrimonial home and since then she has been
compelled to live at her parental house.
5) That the respondent has never sent any money to the petitioner to meet her
expenses and expenses of the minor child.
6) That the petitioner having no source of income is unable to maintain herself and the
child.
7) That the respondent is doing an executive job at a MNC and earning Rs.40,000 per
month.
8) That this Court has the jurisdiction to entertain and try this petition as marriage
between petitioner.

In view of the above facts and circumstances, the petitioners pray that the respondent be
directed to pay monthly allowance of Rs. 7,000 by way of maintenance: Rs. 4,000‘for
petitioner No. 1 and Rs. 3,000, for petitioner No. 2, from the date of the application.
Petitioner No. 2 being minor child, petition on his behalf is being filed through his mother
and natural guardian-petitioner No. 1.

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 Writ Petition of Habeas Corpus
Q - By the notification published in the government gazette extraordinary specially issued
for the purpose at 12 noon on 21st August 2019, the government promulgated the
conservation of foreign exchange (prohibition) Ordinance and thereby declared smuggling
illegal. And soon after it, the government arrested and detained ‘A’ in Tihar prison alleging
that he deals in foreign goods in these circumstances, he said that his arrest and detention
were illegal. He wants to apply for a writ of Habeas Corpus and requested you to draft the
necessary writ petition. Draft it.

IN THE HONOURABLE SUPREME COURT OF INDIA, NEW DELHI

(Original Jurisdiction)
Writ Petition No. 102 of 2019

Mr. A S/o Mr. Z

Resident of AG Colony, Ranchi…………………………………………………Petitioner
Vs
1) The State of Delhi
2) Additional Secretary, Ministry of Finance (Government of India)
3) The Superintendent of Tihar Jail, Delhi…………………………………….Respondent

Petition for the issue of Writ of Habeas Corpus under Article 32 of the Constitution of India.

To,
The Honourable the Chief Justice and his companion Judges of the Court aforesaid.
The humble petition of the above-named Petitioner most respectfully sheweth:

1) That the petitioner is a resident of Patna and he was living peacefully at his residence
at the place aforesaid.
2) That on 21-08-2019 Respondent made an order under Section 3 of the Conservation
of Foreign Exchange (Prohibition) Ordinance and there by declared smuggling illegal,
by which he directed that the Petitioner shall be arrested and detained for a period
of three months. A copy of the order is annexed herewith as Annexure.
3) That the Petitioner was arrested the same day and was detained in Tihar Jail. The
grounds of detention were not supplied to the petitioner on that day. The grounds
were actually supplied on 18-08-2019. A copy of the grounds supplied is annexed
herewith.
4) That on 24-08-2019, The Petitioner submitted a representation against his detention
through Respondent No. 2 but the same was considered by the Advisory Board after
one month and was rejected on 24-10-2019.
5) That the grounds of detention supplied to the Petitioner were in English which
language the Petitioner does not know.
6) That the orders of detention of the Petitioner are illegal, improper and without
jurisdiction on the following:

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Grounds:
1) Because the Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974, is unconstitutional and void as it is beyond the legislative
competence of Parliament.
2) Because the order has been passed by an officer not duly authorized.
3) Because the grounds were supplied after undue delay.
4) Because the grounds are in English which language the Petitioner does not know and
this has prevented him from making an effective representation.
5) Because the grounds are irrelevant to the object of the Act.
6) Because the grounds are vague.
a) In the case of Neelawati Behera V/s State of Orissa the Orissa police took
away the son of petitioner for the purposes of interrogation & he could not be
traced. During the pendency of the petition, his dead body was found on
railway track. The petitioner was awarded compensation of Rs. 1, 50, 000
there was undue delay in the disposal of the representation submitted by the
petitioner.
b) Because in the case of Kanu Sanyal v/s District Magistrate, while enunciating
the real scope of writ of habeas corpus, the Supreme Court opined that while
dealing with a petition for writ habeas corpus, the court may examine the
legality of the detention without requiring the person detained to be
produced before it.

Wherefore it is respectfully prayed that this Honourable Court may be pleased to issue a
writ in the nature of Habeas Corpus to the opposite parties quashing the order of detention
and directing that the Petitioner be set at liberty forthwith.
.
Date: - 01-11-2019
Mr. XYZ
Advocate for the Petitioner.

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Affidavit

IN THE SUPREME COURT OF INDIA

W.P. No. 102 of 2019

Mr. A
S/o Mr. Z

I, Shri Z aged about 70 years, do hereby solemnly affirm and sincerely state on oath as
follows;

1) I am the father of Petitioner and filing this Writ Petition on his behalf and I am well
conversant with the facts of the present writ petition and hence, am competent to
swear this affirmation.
2) That the Petitioner is detained in Tihar Jail and he is unable to make the affidavit
himself.
3) That on 21th day of august 2020, the Petitioner was arrested and detained for a
period of 2 months in the Tihar Jail, New Delhi, wherein the Respondent No.3 is the
Superintendent, with an order passed by the Respondent No. 2 dated 21-08-2020
under the Conservation of Foreign Exchange (prohibition) ordinance.
4) That, on the date of getting detained and arrested in the Tihar Jail. The Petitioner
was not informed about the grounds of his detention by Respondent No. 3
5) That after Ten days of getting arrested and detained, the Petitioner was informed of
his ground of arrest and detention.
6) The report of the ground of detention was furnished to the Petitioner in English,
which is not understood by the Petitioner.
7) I have done whatsoever inquiry which was in my power to do, to collect all data
which was available and which was relevant for this Hon'ble Court to entertain the
present petition. I confirm that I have not concealed in the present petition any
data/material/information which may have enabled this Hon'ble Court to form an
opinion whether to entertain his petition or not and/or whether to grant any relief
or not.
8) That the accompanying Petition has been drafted under my instructions and the
contents thereof except the legal averments contained therein are true and correct
based on my knowledge and belief. The legal averments contained therein are true
and correct on the basis of legal advice received by me and believed by me to be
true and correct. The contents of the Petition are not being repeated here for the
sake of brevity and to avoid prolixity. The contents of the same may be read as a part
of this Affidavit.
9) That no part of this Affidavit is false and no material facts have been concealed
therefrom.
10) That the Petitioners have no other efficacious remedy except to approach this
Hon'ble Court by way of this Petition under Article 226 of the Constitution of India.
11) That the Petitioners have not filed any other petition or preceding in any court or
tribunal throughout the territory of India regarding the matter.

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 12) That I have read and understood the content of Writ Petition. I have read and
understood the contents of the accompanying synopsis & List of Dates at Pages 1 to
3, Writ Petition at Pages 4 to 5, Para 3 to 4, Grounds 1 to 7 and all accompanying
Applications. I state that the facts therein are true and correct to the best of my
knowledge and belief. I further state that the annexed to the Writ Petition are true
copies of their respective originals.

Deponent Verification:

Verified at New Delhi on 25th September, 2020 that the contents of my aforesaid affidavit
are true and correct to my knowledge and belief. No part of it is false nor has anything
material been concealed there from.

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 Mortgage Deed
Q - Draft a Mortgage Deed For borrowing certain amount and giving in consideration to it
an immovable property as security for the same.

THIS DEED OF MORTGAGE is executed at Ranchi on this 31st day of January 2018. BY
Mr. Ajit Sinha son of Sh. Vijay Sinha resident of Mecon Colony, Ranchi hereinafter called the
MORTGAGOR, which expression shall mean and include his heirs, legal representatives,
executors, administrators and assigns of the First Part;

IN FAVOUR OF

M/s ABC Ltd., A company incorporated under the Companies Act having its registered office
at Ranchi hereinafter called the MORTGAGEE, which expression shall mean and include its
successors.
WHEREAS the Mortgagor has vide lease-deed dated 5.1.1998 purchased / taken on
perpetual Leases from the President of India, a vacant residential plot bearing Municipal No.
A-25 situated at Airport Road, Ranchi.
AND WHEREAS per the terms of the said perpetual Lease-deed, the Mortgagor is required to
construct a residential building on the aforesaid vacant plot of land;
AND WHEREAS the Mortgagor is not possessed with the financial means to undertake the
construction of the residential building on the aforesaid plot of land;
AND WHEREAS the Mortgagee, with whom the Mortgagor is presently employed, has
agreed to advance a lone of Rs.2,00,000/- (RUPEES Two lakhs only ) to the Mortgagor, and
which loan shall be utilized by the Mortgagor towards the construction of a residential
house on the above vacant plot of land.
AND WHEREAS in consideration of the aforesaid amount of Rs. 2,00,000/- borrowed by the
Mortgagor from the Mortgagee, the Mortgagor has agreed to execute this Mortgaged, deed
of the vacant plot of land in favour of the Mortgagee.

NOW THIS DEED, THEREFORE WITNESSES AS UNDER:

1) The Mortgagor admits and acknowledges that he owes a sum of Rs.2,00,000/- to the
Mortgagee on the basis of promissory note and receipt dated 1.6.1990 executed by
him in favour of the Mortgagee.
2) The Mortgagor shall be liable to pay interest on the above stated principal sum of Rs.
2,00,000/- @Rs. 12/- per cent per annum form the date of the loan until payment
and in this manner the total charge of the referred property of the Mortgagor shall
be the principal sum of Rs. 2,00,000/- and interest accruing thereupon.
3) The Mortgagor will pay to the Mortgagee the said sum of Rs. 2,00,000/- in equal
monthly instalment of Rs.2000/- per month on or before the 31st December, 2000
and in the meantime interest thereon or on such thereof as shall for the time being
remain unpaid, at the rate of 12% percent per annum by half yearly payments on the
30th day of June and the 31st day of December in each year.

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 4) That any interest not paid on the due dates shall be treated as principal and added
to the principal sum herby secured and bear interest at the rate and payable on the
half yearly days aforesaid.
5) In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple
mortgage to the Mortgagee, a vacant residential plot bearing Municipal No. A-25,
Airport Road, Ranchi.
6) By this deed, the Mortgagor also mortgages to the Mortgagee any building and all
other permanent structures that shall be built on the aforesaid vacant plot by the
Mortgagor.
7) The Mortgagor hereby covenants with the Mortgagee as follows:
a) That the said premises are free from all encumbrances and the Mortgagor
undertakes that until the entire principal amount and interest, if any due, is not
paid back to the Mortgagee, the Mortgagor shall not create any fresh mortgage,
charge, pledge, or in any other manner, alienate the corpus or his interest in the
aforesaid property to any third person.
b) If the Mortgagor fails to pay the sum with interest after it has become payable
under the provisions of the this deed, the Mortgagee shall, in addition to any
other remedy available to him under the law, have the power to sell without the
intervention of a Court the mortgaged property or any part thereof for the
realization of the money due to it hereunder.
c) During the continuance of the Mortgage, the Mortgagor shall keep any building
or permanent structure erected on the aforesaid plot of land insured against
damage by fire in the name of the Mortgagor with an Insurance Company and
shall punctually pay all premium on such insurance and shall produce to the
Mortgagee on demand, the policy of such insurance and the receipt for the
premium so paid. Provided always, that if the Mortgagor shall make default in
any of the above matters, the Mortgagee may, in its discretion, insure and keep
insured all or any of the said building and permanent structures to the amount
aforesaid and that the expenses of doing shall be repaid to it by the Mortgagor
on demand, and until so paid shall be added to the principal money hereby
secured and bear interest accordingly and be secured in the like manner as the
said principal.

IN WITNESSES WHERE OF the Mortgagor has executed this document on the date, first
above written.

WITNESSES:
1) Mr. A.S. Sharma MORTGAGOR
2) Mr. B.B. Prasad MORTGAGEE

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 Deed for dissolution of Partnership
Q - Draft a deed for dissolution of partnership

Deed of Dissolution of Partnership

(To be executed on Rs. 10/- Non-Judicial Stamp Paper)

THIS DEED OF DISSOLUTION OF PARTNERSHIP made the………………… day of………

WHEREAS the partners hereto under a deed of partnership dated………………… made

between them formed themselves into a business firm and carried on business under the
name and style of………………… in pursuant to the covenants, stipulations and provision
contained in the said deed

AND WHEREAS it has been mutually decided between the parties that the said
partnership shall be dissolved, and the said trade and business shall be wound up and the
stock-in-trade, assets and credits realized and called in, and the net proceeds after payment
and satisfaction of all debts and liabilities divided between the partners according to the
covenants in this behalf appearing in the deed of partnership.

NOW THIS DEED WITNESSES that in pursuance of the said agreement it is hereby declared
and agreed by and between the parties hereto as follows, that is to say:

1) The said partnership between the partners hereto under the deed, dated…………………
hereunto appended shall be determined and stand dissolved as from the…………………
day of………………… 2007. And the parties hereto singly or jointly shall not carry on the
business of the said firm of………………… under the said name and style for a period
of………………… years hence.
2) The parties hereto shall on the aforesaid date of………………… sign notices of the
dissolution and forthwith advertise in the local Official Gazette the fact of dissolution
as required by Section 45 of the Indian Partnership Act AND shall also intimate the
fact of dissolution to the Registrar of Firms under the provision of Section 63 of the
said Act.
3) Within………………… days after the dissolution of the partnership a full and general
account and balance sheet shall be taken and made of the property, assets and
liabilities of the partnership; and a full and particular inventory and valuation of all
the machinery, plants, tools, utensils, stock in hand, office equipment, materials and
effects belonging to the firm shall be made by the parties or such other person as
the partners may choose to appoint, whose decision shall be final and binding upon
the partners, and all debts owing to the firm shall be collected and got in by the
parties or such other persons as the parties may by instrument in his behalf appoint.
4) That as soon as may be, after the property, assets and liabilities have been got in and
disbursed the parties or such other person or persons whom the parties may have
appointed under the foregoing clause shall divide and apportion the share of the
parties, in the proportion of the contribution of the parties towards the capital. In

13
 such division any amounts paid earlier or due to the parties according to the books
of the partnership shall be taken into account. That the cost of liquidation
proceedings shall also be deemed to be a liability of the partnership and paid from
the funds of the partnership.
5) That in case the winding up shows a loss or the assets of the partnership are
insufficient to meet the liabilities and debts of the partnership then the partners
shall forthwith pay such losses in the proportion of their contribution to the capital.
6) Each of the parties shall, so soon as the others or any of them, or their or his
representatives, shall have executed and done all the assurances, acts or things
hereby agreed to be done by them respectively and at the request and cost of such
other or others, or their or his representatives execute to them or him such releases,
indemnifies, and assurances as may be reasonable and proper;

IN WITNESS WHERE OF the said AB, CD and YZ have hereto signed and executed this
agreement of dissolution and appended it to the said deed of partners, dated…………………

WITNESSES:

1. Sd/- A.B.
2. Sd/- C.D.
3. Sd/- Y.Z.

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 Lease Deed
Q - Draft a lease deed for the lease of a property or house for a certain period.

This lease deed was made and executed at Chennai on 18th day of March, 2004.

BETWEEN

Amit, S/o. Bala, aged 50 years a small industrialist residing at 863, Imperial Heights, Pune
(hereinafter called “the lessor‟s which expression where the content to administers shall
mean and include his heirs executors administrators, representatives and assigns) of the
first part

And

Kumar, S/o. Prem aged 38 years now working as the Dy. Manager of the Rockledge
Corporation (herein after called the lessee) of the other part.

Whereas the lessor had agreed to give by lease the building more fully described in the
schedule here under of which the lessor is in absolute ownership and possession and
whereas the lessor had agreed to pay a monthly rent Rs. 1000/- with an advance of Rs.
50000/- repayable on the termination of the tenancy.

The Lessee hereby convents and agrees with the lessor as follows:

1) The lessee shall pay the monthly rent of Rs. 1000/- on before the 10th of every
month for which he is entitled to obtain receipt thereof from the landlord.
2) The Lessee shall use the said building for the residential purpose of himself and his
family.
3) The Lessee shall not sublet the house or any part of it without the writer’s
permission of the lessor.
4) The lessee shall be responsible for the upkeep of the premises is good and proper
order effecting all minor repairs at his cost.
5) The lessee shall not be permitted any part of the premises to be used for any
purpose other than that of a private dwelling purpose.
6) The lessee shall not cut down any of the trees now or at any time here after growing
on the premises without the previous consent of the lessor.
7) The lessee shall always permit the lessor or agents or servants, defects have been
happened or caused by the act or emission on the part of the lessee.

The lessor reserves his rights to renew the lease period further 3 years after the
terminations of these lease periods provided the lessee keeps the premises in good and
substantial order without any default of rent and other covenants.

15
The lessee shall be in an absolute possession and enjoyment of the premises as a tenant
without any interruptions from anybody.

IN WITNESSETH THERE OF

The lessor and lessee having agreed upon the covenant have sent their hands in the
presence of the witnesses on the 12th day of June, 2016.

WITNESSESS:-

1.) R.D. Singh Lessor

2.) B.P. Sharma Lessee

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 Gift Deed
Q - Draft a gift deed for giving an immovable property to a friend or relative

This deed of Gift is executed on 2nd day of May month of 2020 year by Sri. Prem Singh S/o
BP Singh occupation Engineer, and aged 36 years, residing at HATIA, Ranchi, Jharkhand
Herein after called the DONOR.

In Favour of

Sri. Akhil S/o. R. Sharma occupation BUSINESSMAN, aged 32 years, residing at SAIL
Township, Ranchi Bihar Herein referred to as the DONEE.
Whereas, the term Donor and DONEE unless repugnant to the context shall mean and
include their representative’s heirs, successors, executors, administrators, trustees, legal
representatives and assigns.

Whereas, the Donor herein, is the sole and absolute owner of immovable property bearing
No.26452 known as ‘’HOME SWEET HOME’’ situated at more fully described in the schedule
hereunder written and herein after called the schedule property.

Whereas, the Donor is the absolute owner, having acquired the property, by
____________________ and since then Donor has been in possession and enjoyment of the
schedule property and paying taxes and levies thereon, as sole and absolute owner thereof.
Whereas the Donee is related to the Donor as Brother-in-Law.

Whereas the Donor desires to grant the said land and premises more fully described in the
schedule written hereunder and hereinafter referred as scheduled property to the Donee as
gift in consideration of natural love and affection subject to the condition herein after
mentioned.

NOW THIS DEED witnesses that the Donor, without any monitory consideration and in
consideration natural love and affection which the Donor bears to the Donee hereby grant
and transfer by way of gift, the scheduled property situated at Lalpur road, Ranchi together
with all the things permanently attached thereto or standing thereon and all the liberties,
privileges, easements and advantages appurtenant thereto and all the estates, rights, title,
interest, use, inheritance, possession, benefits, claims and demand whatsoever of the Donor
to have and to hold the same unto the use of the Donee absolutely but subject to the
payment of all taxes, rates, assessments, dues and duties now and here after chargeable
thereon to the Government or local authorities.

Whereas the Donor hereby covenant with the Donee;

a) That the Donor now has in himself, absolute right, full power, and absolute authority
to grant the said scheduled property hereby granted as gift in the manner aforesaid.

17
 b) The Donee may at all times herein after peacefully and quietly enter upon, take
possession of the scheduled property and enjoy the said scheduled property as he
deems fit without any interruption, claim or demand whatsoever from or by the
Donor or his heirs, executors, administrators and assigns or any person or persons
lawfully claiming or to claim by from under or in trust for the Donor.
c) And further that the Donor and all persons having or lawfully claiming any estate or
interest whatsoever to the said scheduled property and premises or any part thereof
from under or in trust for the Donor or his heirs, executors, administrators and
assigns or any of them shall and will from time to time and at all times hereafter at
the request and cost of the Donee do and execute or cause to be done and executed
all such further and other acts, deeds, things, conveyances and assurances in law
whatsoever for better and more perfectly assuring the said scheduled property and
every part thereof unto and to the use of the Donee in the manner aforesaid as by
the Donee his heirs, executors, administrators and assigns or counsel in law shall be
reasonably required.

SCHEDULE OF THE PROPERTY

(Gifted under this deed)

All the piece and parcel of immovable property 5 bearing No. 26452 Measuring 30*20 feet
Bounded by:-
On the North…………………….
On the South………………….
On the East………………………
On the West…………………………..

Market value of the property gifted under this deed is Rs.36 lakhs (Rupees thirty six lakhs
only).
The Stamp duty is paid on the market value as computed above.

IN WITNESS WHEREOF the Donor as well as the Donee (by way of acceptance of the said
gift) has put their respective hands the day and year first herein above written.

WITNESSES:
1. DONOR
2. DONEE

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 Partnership Deed
Q - Draft a Partnership Deed for establishing a partnership firm for carrying out a
particular business.

This DEED OF PARTNERSHIP made this ...................day of ...............between........

Hereinafter called the partners of the first part and Second Part respectively

AND

A company registered under the provisions of the Companies Act 1956 and having its
registered office at hereinafter called the party of Third part.

WHEREAS the Parties of First and Second Part by virtue of their partnership deed dated have
been carrying on the business of manufacturing and marketing paints, colours and varnishes
etc. under the name and style of with factories at under the same name and style.

AND WHEREAS the Party of Third Part Viz. the company is formed with the objects of
manufacturing dealing and marketing in paints, varnishes colours etc.

AND WHEREAS the Party of the Second Part has expressed its desire and willingness through
the director to enter into Partnership and parties First, Second part have mutually decided
that the Party of the third Part shall be taken as Partner.

AND WHEREAS it is deemed necessary and desirable that a regular Deed of Partnership be
reduced in writing and executed on the terms and conditions mentioned hereunder.

NOW THIS DEED WINTESSETH AS UNDER: -

1) The Partnership shall come into effect from and shall be for an indefinite period
unless it is determined.
2) That the name and style of the Partnership firm hereby formed shall be with
factories at under the same names and style or with branch or branches at such
place(s) as the parties may mutually decide.
3) That the business of the Partnership Firm hereby formed shall be that of
manufacturing and marketing of paints, colours and varnishes etc., as hereto before.
The parties may, however, with their mutual consent embark upon a new line or
lines of business and may open branch or branches or new factory.
4) That the amount standing to the credit of the personal accounts of the Parties of
First and Second Part in the books of above firm as on shall be treated as
contribution by them to the capital of the Partnership and the Party of the Third Part
shall bring Rs. as his share towards the capital of the firm.
5) That further finance required for the purpose of business of the firm shall be
contributed by the parties in such rate as may be mutually agreed upon. Interest at
the rate of or at a rate as may be mutually agreed upon between the parties from

19
 time to time shall be allowed on the capital standing to his/her credit for the time
being in the books of the partnership.
6) That the regular accounts books shall be kept in due course of business in which shall
be faithfully recorded all the transactions enter into by the firm and such books shall
be closed on or/on any other convenient or auspicious day as may be mutually
agreed upon between the parties hereto from time to time.
7) That on closing the account books in the aforesaid manner, a regular profit & Loss
Account shall be prepared and a balance sheet shall be drawn up.
8) That the Profits & Losses shall be divided between and borne by parties hereto in the
following proportions:

Partner % of share in Profits and Losses

9) That the partners will be paid a Salary of Rs.3500/- per month for the services
rendered to the rim and they will also be entitled to a bonus @ 10% on their salary.
10) That all the assets and liabilities of the firm as on tangible or otherwise, would be
taken over by the Partnership at its book value and shall be deemed to be assets and
liabilities of this Partnership and all the Parties hereto will have equal
rights/liabilities thereon.
11) That all rights of the firm as on namely ISI marketing license, Trademarks, Sales Tax
registration, Telephone connections, Tenancy rights, Lease rights, Ownership right
etc. shall be deemed to be the rights of the partnership and all the parties hereto will
have equal rights/liabilities thereon.
12) That each partner shall: -
(i) Diligently attend to the business of the Partnership and devote his/her
necessary time and attention thereto.
(ii) Punctually pay her/his separate debts and indemnify the other partner and
the Assets of the firm against the same and all expenses therefore.
(iii) Upon every reasonable request inform the other Partner of all letters,
accounts, writings and such other things which shall come to her/his hands or
knowledge concerning the business of the Partnership.

13) That neither Partner shall without the consent of the others: -
(i) Lend any of the money or deliver upon credit any of the goods of the firm to
any person or persons whom the other Partners shall have previously in
writing forbidden her/him to trust.
(ii) Raise or advance any loan in the name of or on behalf of the firm.
(iii) Assign charge or transfer her/his shares in assets or profits of the firm.

14) That the account in the name of the firm shall be opened with the Banks or bankers
as the Parties may mutually decide and the same shall be operated upon by the
Parties hereto singly.
15) That any partner may retire from the Partnership firm, hereby formed by giving two
month notice in writing to the others but none shall leave the firm until or unless all
the pending commitments are carried out, liabilities paid off, assets realized and
accounts are rendered fully and settled finally to the entire satisfaction of each of
the parties hereto.

20
 16) That the parties hereto may, however, with their mutual consent pay remuneration
to any of the parties hereto at a rate that may be mutually agreed upon between
them from time to time. They shall be at liberty to increase or decrease such rate of
remuneration with their consent from time to time.
17) That in the event of death or retirement of any of the parties hereto the partnership
firm hereby formed shall not dissolve, but shall continue. The legal heir or the
representative of the deceased shall step into her/his shoes.
18) That upon the dissolution of the partnership in any event not hereinafter provided
for the said business, the assets, goodwill and liabilities thereof should absolutely
vest on any one partner mutually decided by the parties to the partnership.
19) That it will always remain open to the parties hereto to amend, annul or change any
term or terms of this Deed of Partnership in the course of its business and in that
event of amending, annulling or changing any term or terms of this deed of
Partnership no fresh deed shall be required to be executed.
20) That without prejudice to the above terms and conditions the parties hereto in all
other matters shall be governed by the provisions of Indian Partnership Act, 1932.
21) That all the disputes or differences arising out of it and connected with the
Partnership shall be referred to the arbitrator in accordance with the Indian
Arbitration Act.

IN WITNESS WHERE OF, the parties of the first and Second parts here have put their
respective hands on this DEED OF PARTNERSHIP on the day, month and year first mentioned
above.

IN WITNESSES WHERE OF, the common seal of the Third Partner viz. was pursuance to the
resolution of the Board of Directors passed in that behalf on here into affixed in the
presence of and signed these presents in token thereof in the presence of the Witnesses:

WITNESS : Partners
1)
2)
3)
4)

21
 Sale Deed
Q - Draft a sale deed for the conveyance of an immovable property.

DEED OF ABSOLUTE SALE

This DEED OF ABSOLUTE SALE is made and executed on this 22nd day of November Two
Thousand twenty.

BETWEEN

Sri Roshan Kumar son/wife/daughter of Sri/Late A.B. Sharma aged about 40 years, holding
PAN GKW22480 by Nationality Indian, residing at House no 182, Indraprastha Colony, South
Mumbai, Pin- 220001 hereinafter called the "SELLER" (which expression shall mean and
include his legal heirs, successors, successors-in-interest, executors, administrators, legal
representatives and assigns) of the ONE PART.

AND

Sri BB Verma son of Ajay Verma aged about 30 years, by Nationality Indian, holding PAN
GKW35690 residing at House no 100, Shivaji Colony, South Mumbai, Pin- 220001 hereinafter
called the "PURCHASER" (which expression shall mean and include his legal heirs,
successors, successors-in-interest, executors, administrators, legal representatives and
assigns) of the OTHER PART.

The SELLER and the PURCHASER are hereinafter referred collectively as parties and
individually as party.

WHEREAS the SELLER is the absolute owner, in possession and enjoyment of the piece and
parcel of land measuring about 04 decimal, lying and situated in R.S. Plot Number 5569
corresponding L.R. Plot Number 5568 Recorded in R.S. Khatian Number 2323 and L.R.
Khatian Number 1123 at Mouza 85 J.L. Number 768 Touzi Number 3456 under Police
Station South Delhi Registration Sub-District 2228 in the district of South Delhi more fully
and particularly described in the schedule here under written and hereafter referred to as
the "SCHEDULE PROPERTY”.

AND WHEREAS the SCHEDULE PROPERTY was the self-acquired property of AB Sharma
deceased father of the SELLER and he purchased the same from Sri BB Verma son of Ajay
Verma of House no 100, Shivaji Colony, South Mumbai, Pin- 220001 by virtue of a Sale Deed
dated 22/11/2020 registered in the office of the District Magistrate in Book 1, Volume No.
23 Pages 234 to 256 Being Number 2345 for the Year 2020.

AND WHEREAS the said AB Sharma died in-estate on 15/09/2017 leaving behind his only
Son, namely, Shri Roshan Kumar the SELLER herein, as the only legal heir.

22
AND WHEREAS the SELLER herein, as the only legal heirs of the deceased AB Sharma have
become the absolute owner of the SCHEDULE PROPERTY since the death of his father on
and he has been enjoying the same with absolute right, title and interest since then and he
has clear and marketable title to the SCHEDULE PROPERTY.

AND WHEREAS the SELLER being in need of funds to meet his personal commitments and
family expenses have decided to sell the SCHEDULE PROPERTY and the PURCHASER has
agreed to purchase the same.

AND WHEREAS the SELLER agreed to sell, convey and transfer the SCHEDULE PROPERTY to
the PURCHASER for a total consideration of Rs.22,50,812 (Rupees Twenty two Lakh fifty
thousand eight hundred twelve) only and the PURCHASER herein agreed to purchase the
same for the aforesaid consideration and to that effect the parties entered into an
agreement on the 22/11/2020.

NOW THIS DEED OF SALE WITNESSETH:

1) THAT in pursuance of the aforesaid agreement and in consideration of a sum of Rs.

22,50,812 (Rupees Twenty two Lakh fifty thousand eight hundred twelve) only
received by the SELLER in cash/cheque/bank draft and upon receipt of the said
entire consideration of Rs. 22,50,812 (Rupees Twenty two Lakh fifty thousand eight
hundred twelve) only (the SELLER doth hereby admit, acknowledge, acquit, release
and discharge the PURCHASER from making further payment thereof) the SELLER
doth hereby sells, conveys, transfers, and assigns unto and to the use of the
PURCHASER the SCHEDULE PROPERTY together with the water ways, easements,
advantages and appurtenances, and all estate, rights, title and interest of the SELLER
to and upon the SCHEDULE PROPERTY TO HAVE AND TO HOLD the SCHEDULE
PROPERTY hereby conveyed unto the PURCHASER absolutely and forever.
2) THAT THE SELLER DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:
a) That the SCHEDULE PROPERTY shall be quietly and peacefully entered into and
held and enjoyed by the PURCHASER without any interference, interruption, or
disturbance from the SELLER or any person claiming through or under him.
b) That the SELLER has absolute right, title and full power to sell, convey and
transfer unto the PURCHASER by way of absolute sale and that the SELLER has
not done anything or knowingly suffered anything whereby their right and power
to sell and convey the SCHEDULE PROPERTY to the PURCHASER is diminished.
c) That the property is not subjected to any encumbrances, mortgages, charges,
lien, attachments, claim, demand, acquisition proceedings by Government or any
kind whatsoever and should thereby and the SELLER shall discharge the same
from and out of his own fund and keep the PURCHASER indemnified.
d) That the SELLER hereby declares with the PURCHASER that the SELLER has paid
all the taxes, rates and other outgoings due to local bodies, revenue, urban and
other authorities in respect of the SCHEDULE PROPERTY up to the date of
execution of this sale deed and the PURCHASER shall bear and pay the same
hereafter. If any arrears are found due for the earlier period, the same shall be
discharged/borne by the SELLER.

23
 e) That the SELLER has handed over the vacant possession of the SCHEDULE
PROPERTY to the PURCHASER on 15/10/2020 and delivered the connected
original title document in respect of the SCHEDULE PROPERTY hereby conveyed
on the date of execution of these presents.
f) That the SELLER will at all times and at the cost of the PURCHASER execute,
register or cause to be done, all such acts and deeds for perfecting the title to the
PURCHASER in the property hereby sold and conveyed herein.
g) That the SELLER does hereby covenants and assures that the PURCHASER is
entitled to have mutation of his name in all public records, local body and also
obtain all documents in the name of the PURCHASER and undertakes to execute
any deed in this respect.

SCHEDULE OF PROPERTY

All that piece and parcel of land measuring about 04 decimal, lying and situated R.S. Plot
Number 5569 corresponding L.R. Plot Number 5568 Recorded in R.S. Khatian Number 2323
and L.R. Khatian Number 1123 at Mouza 85 J.L. Number 768 Touzi Number 3456 under
Police Station South Mumbai Registration Sub-District 2228 in the district of South Delhi in
butted and bounded by:
On the North: 60ft
On the South: 40ft
On the East: 20ft
On the West: 30ft

IN WITNESS WHEREOF the SELLER and the PURCHASER have set their signatures on the day
month and year first above written.

Roshan Kumar………………SELLER
BB Verma………………….PURCHASER

WITNESSES:

ABC………………………
XYZ…………………………

24
 Anticipatory Bail Application
Q - Draft a bail application u/s 438 of CrPC, 1974 for a person apprehending arrest

In the Court of Sessions Judge, Ranchi

Criminal Case No: 222 Of 2020

Victor Roberts…………………………………………………………………………………………….Complainant
Vs
Raj Kumar Gupta………………………………………………………………………………………….Respondent

Under Section: 300 of I.P.Code

Police Station: Lalpur Thana, Ranchi

MOST RESPECTFULLY SHEWETH:

1) That the applicant is a citizen of India. The petitioner is about 40 years old and is
unmarried. The petitioner is permanent resident of Karamtoli, Ranchi, Jharkhand
since birth. The petitioner is the son of Shri Julian Roberts who also resides with him
and they are neighbour of Raj Kumar Gupta.
2) That the applicant had friendly relations with the brother of Victor Roberts (Dead).
He was one the nearest friends of the deceased Brother of Victor Roberts.
3) That the applicant was out of the city because of some work in Kolkata, the day
Victor Roberts brother was murdered, i.e., on 28th October, 2020.
4) That the applicant had no conversation with the deceased on the day he was
murdered, i.e., on 28th October, 2020.
5) That the applicant returned 5 days after the murder, i.e., on 2nd November, 2020.
6) That applicant is named in FIR.
7) That no incriminating articles have been recovered from the applicant’s house and
the place he was residing in when the murdered happened and the applicant has
been implicated on mere suspicion.
8) That the applicant does not have any past criminal record; the applicant is not a
previous convict.
9) That the applicant apprehends that he might be arrested.
10) That the offence is bailable/non-bailable. That the applicant has no desire to evade
the due process of law and shall face the trial to vindicate their innocence.
11) That the applicant undertakes not to misuse the bail and he also undertakes to abide
by the terms of the bail orders.
12) That the applicant has not filed any other bail application under section 438 of the
Code of Criminal Procedure in this Hon'ble Court.

25
 PRAYER

It is, therefore, most respectfully prayed to this Hon'ble Court that this Hon'ble Court may
be pleased to direct to release the applicant on bail in the event of his arrest directing the
CJM/M.M/Police Official of the concerned Police Station, LalpurThana, for such amount of
money as this Hon'ble Court deems fit to fix.
Prayed accordingly.

Raj Kumar Gupta

Through
Adv. Kumar Ankit

Dated: 03rd November, 2020

Verification

I, Mr.Raj Kumar Gupta, s/o Mr. AK Gupta, Karamtoli, Ranchi, Jharkhand, do hereby
authorized by the accused to appoint Mr. Kumar Ankit, Advocate to act on his behalf and
that no other person has been authorised to appoint any advocate.

Verified in my presence
Signature of the Person interested.
Signature of the Advocate

26
 Criminal Complaint
Q - Draft a criminal complaint u/s 138 of Negotiable Instruments Act, 1881

IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRTE PATNA

Complaint No 110/ 2020

Mr. Amar Kumar, s/o Mr Vikram Kumar, r/o Arya Nagar, Patna City, Patna, Pin- 800008
Through: Shri Mr. Vikas Kumar, s/o Mr Bala Kumar, r/o Deep Nagar, Patna City, Patna, Pin-
800008
………………………………………Complainant

v/s

1. Mr. Shyam Kumar, s/o Mr Ram Kumar, r/o Kankarbagh, Patna City, Patna, Pin-
800009
2. Mr. Vimal Yadav, s/o Mr Lokesh Yadav, r/o Kankarbagh, Patna City, Patna, Pin-
800009
………………………………Accused

LIST OF WITNESSES

1. Complainant
2. Manager/Officers/Clerk of the Bankers of the Accused
3. Manager/Officers/Clerk of the Bankers of the Complainant.

Muffassil Thana Patna

01/11/2020 at 03:30 PM

Complaint under section 138 read with section 142 of the Negotiable Instruments Act,
1881

That the complainant most respectfully submits as under:

1) The complainant is a partnership firm having their registered office at mentioned in

the title and the accused was purchasing goods from the complainant on credit
bases.
2) To fulfil the liability the accused had issued a cheque No. 2459 dated 25th day of
November, 2018 of Rs 1,00,000 ( Rupees One Lakhs only) drawn on 24th day of
November, 2018 towards part payment. The said cheque was presented by the
complainant in their bank on 28thday of November, 2018 for encashment, but said

27
 cheque return unpaid by the banker of the accused for the reason falsification of
signature with the Bank memo dated 29th day of November, 2018.
3) The complainant approach their lawyer who sent a legal notice dated 30th day of
November, 2018 under clause (b) of the proviso to section 138 of the Negotiable
Instruments Act, 1881 and demanded from the accused the amount of the
dishonoured cheque. However, the said notice was refused to be accepted by the
accused, means the accused was aware about the contents of the letter.
4) That since the accused did not make any payment under the said cheque, despite
sending said legal notice, which was refused to be accepted, the complainant is left
with no alternative, but to file the present complaint under clause (b) of section 142
against the accused for the offence committed by him under the provisions of the
Negotiable Instruments Act, 1881, resulting from the dishonour of the cheque.
5) The cause of action has arisen on account of the dishonour of the cheque dated 30th
day of November, 2018 for Rs 1,00,000 ( Rupees One Lakhs only) issued by the
accused, as indicated herein above.
6) That the cause of action has arisen within the jurisdiction of this Hon’ble Court and
the payment was also actually to be received at Patna and hence this Hon’ble Court
has jurisdiction to try and adjudicate upon the present complaint. That the complaint
is being filed within limitation as prescribed under the law.

Prayer

It is, therefore, most respectfully prayed that the present complaint be registered and
summons issued against the accused in accordance with law, who may tried and punished in
accordance with law.

Place- Patna Sd-

Date- 01/11/2020 Amar Kumar

28
 F.I.R. u/s 154 CrPC

Q - Draft an FIR for your lost original Passport, PAN Card and Passbook

To,

Officer in-charge Lalpur Police Station

Ranchi, Jharkhand

Date: 4th November, 2020

Subject: Loss of the original passport, PAN Card and Passbook

Respected Sir,

I am ABC, s/o Mr. XYZ, currently residing at Lalpur, Ranchi. On 4th November, 2020, I lost my
original passport, PAN Card and Passbook at the bus stand in Patna near 5:00 pm. The
passport number is: xxxxxxxxx, the PAN Card number is: xxxxxxxxxxx and the Passbook
number is: xxxxxxxxxxx.

I humbly request you to kindly register the complaint and give me an attested copy of this
complaint so that I can submit this to the bank and the airport authority.

I shall be obliged if you kindly take action to trace and recover my lost credentials.

Yours faithfully

Vishal Ranjan

Ranchi

Contact no: 977xxxxx74

-----------------------------------------------xxxxxx---------------------------------------------

29
MODEL FORM OF FIRST INFORMATION REPORT

(Section 154 CrPC, 1974)

Serial No.: 00

No: 00

1) District: Patna; P.S: Khajekalan; Year: 2020; FIR No.: 000 Date.: 1st November, 2020

2) (i) Act: abcdabcdabcdabcdabcd Section: xyz

(ii)Act: abcdabcdabcdabcdabcd Section: xyz
(iii)Act: abcdabcdabcdabcdabcd Section: xyz
(iv)Other Acts & Sections: XYZXYZXYZXYZXYZXYZXYZXYZXYZXYZ

3) (a) Occurrence of offence Date from: 01/11/2020 Date to: 01/11/2020

Time Period : xyz Time from: 5:00 pm Time to: 5:30 pm
(b) Information received at P.S.: Mithapur Police Station, Patna
Date: 01/11/2020 Time: 6:00 pm
(c) General Diary Reference: Entry No: xyz Time: 5:35 pm

4) Type of Information: Written

5) Place of Occurrence
(a) Direction and distance from PS: 2 kms Beat No: XYZXYZXYZXYZXYZXYZ
(b) Address: Bus Stand, Patna
(c) In case outside the limit of Police Station, then
Name of P.S: N/A District: N/A

6) Complainant/Informant
(a) Name – ABC
(b) Father's Name: Mr. XYZ
(c) Date/Year of Birth: XX/XX/XXXX
(d) Nationality: Indian
(e) Passport No: xxxxxxxx Date of Issue: xx/xx/xxxx Place of Issue: xx/xx/xxxx
(f) Occupation: Student
(g) Address: Patna City, Patna, Bihar…………………………………………………
(h) Tel.No: 0123456789

7) Details of known/suspected/unknown accused with full particulars (Attach separate

sheet, if necessary)
a) …………………………………………………………………………………….
b) ……………………………………………………………………………………..

8) Reasons for delay in reporting by the complainant/informant: N/A

30
 9) Particulars of properties stolen (Attach separate sheet, if
necessary)………………………………………………………………………

10) Total value of property stolen…………………………………………………

11) Inquest Report/U.D. case No., if any...........................................................................

12) F.I.R. Contents (Attach separate sheet, if required)…………………… ………………

13) Action taken: Since the above report reveals commission of offence{s) u/s XYZ as
mentioned at Item No. 2
a) Registered the case and took up the investigation or
b) Directed/Entrusted (Name of IO.): Mr. LALALA Rank: Officer in-charge No: 000 PIS
No: 000 to take up the investigation or
c) Refused investigation due to… ………………………………..
d) Transferred to PS.............................................District..........................on point of
jurisdiction. F.I.R. read over to the complainant/informant, admitted to be
correctly recorded and a copy given to the complainant/informant, free of cost.

Signature of Officer in charge /Duty Officer,

Name - Mr. DEF

Rank: Officer in-charge NO: 000
PIS No. _ _ _ _ _ _ _ _

14) Signature/Thumb-impression of the complainant/informant…………………

15) Date and time of dispatch to the court………………………………………………

31
 Application for Interim Injunction
Q - A and B are owners of adjacent house. A’s house is higher than that of B. Through a
window in a room on the upper storey on his house. A has enjoyed, without interruption,
light and air for 30 years peaceable as an easement. B starts to raise his house. A
apprehends that the light and air enjoyed by him through the window will be cut off, if B
allowed to raise his house. A file a suit against B claiming a right of easement of light and
air through the window and an injunction restraining B from raising his house or
interfering with his right to light and air in any other manner. A want to apply for an
interim injunction against B pending the suit, draft the necessary application on behalf of
A.

Judicial Officer(s):

The Hon’ble Justice …………………………………………….

His/her
Honour Judge …………………………………………….
[Master of Supreme Court]

Master …………………………………………….

Date of Application : [21/10/2020]

Application made by: [A]

Date(s) of hearing [if any]: [22/10/2020]

Date of order: [28/10/2020]

Appearances: Solicitor/Counsel for the Plaintiff(s).

Recitals [if any]

Undertaking [if applicable]: [The Plaintiff (s) by [his/her/its/their] solicitor/counsel

undertaking to:
a) submit to such order (if any) as the Court may consider to be just for the payment of
compensation, to be assessed by the Court or as it may direct, to any person
(whether or not a party) affected by the operation of the interlocutory order or
undertaking or any continuation (with or without variation) of the order or
undertaking; and
b) pay the compensation referred to in (a) to the person or persons referred to in the
order.

32
[By Consent] THE COURT ORDERS that:

1. Until [26/10/2020] at [time] the Defendant (s) (whether by

[himself/herself/itself/themselves] or by [his/her/its /their] agents or employees) be
restrained from [here state with the utmost precision the act or acts to be
restrained].

OR

1) The Defendant (s) do, within [No] days of the date of service of this order on
[him/her/it/them], remove or cause to be removed................ [Or as the case may be,
stating with the utmost precision the act being commanded].

2) The Defendant (s) be at liberty to apply upon 24 hours' notice in writing to the
Plaintiff(s) to dissolve or vary this injunction.

3) This order with the endorsement required by Rule 84.04 (3A) of the Supreme Court
Rules be forthwith served personally on the Defendant (s) and on [where necessary,
set out the full names and addresses of any other persons required to be served].

4) The question of costs be reserved for further consideration.

5) Further consideration of the application herein be adjourned to [25/10/2020] at

[time].

6) The parties may apply for further orders and directions.

[Other text, if applicable]

[Fit for counsel, if applicable]

This order is authenticated by……………………………

33
 Written Statement

Q - B having an acquaintance with the A approached him and requested to advance a

hand loan of Rs 25000/- to meet his son’s education needs. B also proposed to execute a
Promissory note for the said amount and with a simple interest @ 18% p.a. Due to that
acquaintance, A agreed for the same and thus, the B borrowed a sum of 25,000/- as hand
loan on 1st January 2017 from A and at A’s home situated at Patna and executed a
Promissory Note for the said amount in favour of A and promised to repay the said hand
loan amount. A having vexed with the conduct of B avoiding the repayment, got issued a
legal notice to B on 1st January, 2019. B received the same but did not reply. Draft a
Written statement in response to the Plaint which has been filed in the previous problem.

IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE: CITY CIVIL COURT: AT PATNA

O.S. No. of 2019

Mr. A

S/o Mr.Z

Aged 60 Years

Occ: Business Man

R/o. Patna Plaintiff

V/s

Mr. B

S/o Mr. C

Aged 65 Years,

Occ, Business Man

R/o. Patna Defendant

WRITTEN STATEMENT FILED BY THE DEFENDANT

UNDER ORDER VIII, RL.1, C.P.C.

34
 1) It is submitted that the defendant has gone through the averments made in the
plaint and affidavit filed in support of the plaint. The averments, which are not
specifically admitted, are denied. The Plaintiff is put to strict proof of the same. Most
of the averments are not correct and false and the suit is not maintainable.

2) In reply to Para III (1) of the plaint, it is submitted that I have no acquaintance with
the plaintiff and did not approach at any point of time for hand loan to meet my
son’s education and executed promissory note in favour of the plaintiff. I have
sufficient means to support my family. Hence, there is no question of taking hand
loan from the plaintiff and execution of promissory note in favour of the plaintiff.

3) In reply to para III (2) of the plaint, it is submitted that the notice issued by the
plaintiff was received by me on…............... The contents of the notice are vague and
false. Since I did not approach the plaintiff for any hand loan and executed
promissory note, I did not choose to reply the notice. Hence, the allegations in the
notice are denied.

4) In reply to para III (3) of the plaint, it is submitted that I did not borrow any amount
from the plaintiff and executed promissory note in favour of him. The allegation of
the plaintiff is false and I need not bound to pay any amount to the plaintiff. It is not
correct to say that I have borrowed a sum of Rs.25,000/- from the plaintiff and
executed a promissory note in favour of him.

5) In reply to Para III (4) of the plaint, it is submitted that since there is no amount is
borrowed from the plaintiff and executed pro-note, the figures of outstanding stated
in para therein is false and fabricated one.

6) It is submitted that I have never approached the plaintiff for any amount said to
have been borrowed by me and executed pro-note. Since we reside in the same
street and due to rivalry between our two families regarding some disputes relating
to colony problems, the plaintiff has fabricated the pro-note and filed the present
suit alleging that I have borrowed a sum of Rs.25,000/- from plaintiff and executed a
pro-note. The plaintiff is trying to mislead this Hon’ble Court and made false
allegations in the plaint.

7) The other allegations of the plaint which are not specifically admitted herein are
denied. The plaintiff is put to strict proof of the same. Hence, it is prayed that this
Hon’ble Court may be pleased to dismiss the suit with costs. Counsel for the
Defendant.

Verification

I, B, S/o aged about years, Occ: Business man, do hereby declare that the facts stated in
paras 1 to 7 are true and correct to the best of my knowledge, information and belief and I

35
believe the same to be true and correct. Hence, verified on this the day of June, 2007 at
Patna.

Defendant

36
 Plaint
Q - B having an acquaintance with the A approached him and requested to advance a
hand loan of Rs 25000/- to meet his son’s education needs. B also proposed to execute a
Promissory note for the said amount and with a simple interest @ 18% p.a. Due to that
acquaintance, A agreed for the same and thus, the B borrowed a sum of 25,000/- as hand
loan on 1st January 2017 from A and at A’s home situated at Patna and executed a
Promissory Note for the said amount in favour of A and promised to repay the said hand
loan amount. A having vexed with the conduct of B avoiding the repayment got issued a
legal notice to B on 1st January, 2019. B received the same but did not reply.
Draft a plaint for the repayment of the said amount by B with interest on the suit amount
from the date of demand, i.e. 1st January, 2019 till realization @ 18% p.a.

IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE

CITY CIVIL COURT: AT PATNA
O.S. No. of 2019

Mr. A
S/o….....................
Aged …. Years
Occ: ………….
R/o. Patna..................................... Plaintiff

V/s

Mr. B
S/o………………………,
Aged …. Years,
Occ………….
R/ Patna.................................... Defendant

PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC

BRIEF FACTS OF THE CASE:

1) It is submitted that the Defendant having an acquaintance with the plaintiff

approached him and requested to advance a hand loan of Rs.25,000/- (Rupees
twenty-five thousand Rupees only) to meet his son’s education needs. The
Defendant also proposed to execute a Promissory Note for the said amount and with
a simple interest @ 18% p.a. Due to that acquaintance, the Plaintiff agreed for the
same and thus, the defendant has borrowed a sum of Rs.25,000/- as hand loan on
1st January, 2017 from the Plaintiff at the Plaintiff’s home situated at Patna and
executed a Promissory Note for the said amount in favour of the Plaintiff and
promised to repay the said hand loan within a period of 2 years from the date of
execution of the promissory note. It is respectfully submitted that in spite of

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 repeated oral demands made by the Plaintiff, the Defendant did not bother to repay
the said hand Loan amount.
2) The Plaintiff having vexed with the conduct of the Defendant avoiding the
repayment, got issued a legal notice to the Defendant on 1st January, 2019 through
his Counsel by way of Regd Post with Ack. Due as well as UCP, to his Residence. The
Defendant received the same but did not reply.

3) The Plaintiff submits that the Defendant having borrowed the amount of Rs.25,000/-
(Rupees Twenty-Five Thousand only) as hand loan and having executed the
promissory note is bound to repay the same to the Plaintiff who is entitled for
interest on the suit amount from the date of demand i.e. 1st January, 2007 till
realisation @ 18% p.a. As the Defendant is avoiding payment, the Plaintiff has left
with no option except to approach this Hon’ble Court by way of this suit. In view of
the above said facts, the Plaintiff is entitled to sue the defendant.

4) The Plaintiff submits that The Defendant is liable to pay the following outstanding
amount: (i) Promissory Note Amount: 25,000.00 (ii) Interest on 25,000 @ 18% p.a.
From 01.01.2005 as on date filing of the suit: 9,000.00 --------------- 34,000.00 ----------
------ Therefore, the Defendant has to pay a total sum of Rs.34,000/- (Rupees Thirty-
Four Thousands Only) to the Plaintiff as on the date of filing of the present suit.
Hence, this suit.

CAUSE OF ACTION: The cause of action for the suit arose on 01.01.2005 when the
Defendant borrowed the amount and executed pro-note and on 01.01.2007 when the
Plaintiff got issued a legal notice to Defendant calling upon defendant to repay the amount
and still subsists.

VALUATION: The relief of recovery of money under Sec. 20 of APCF & SV Act and CF of Rs is
paid thereon and the same is sufficient.

JURISDICTION: The Plaintiff is residing at Hyderabad and the Defendant borrowed the said
loan amount from the Plaintiff at the residence of the Plaintiff and hence this Hon’ble Court
is having territorial & pecuniary Jurisdictions to entertain the present suit.

DECLARATION: The Plaintiff has not filed any suit against the Defendant and no suit is
pending between the parties in respect of the relief being claimed in this suit.

LIMITATION: The Defendant borrowed the said hand loan amount on 01.01.2017 and the
legal notice issued to the Defendant on 01.01.2019 and therefore the present suit is within
the limitation.

PRAYER: Hence, the plaintiff herein prays that this Hon’ble Court may
be pleased to pass Order and Decree in favour of the Plaintiff and against the Defendant.
a) To direct the Defendant to pay a sum of Rs. 34,000/- together with future interest
thereon, from the date of this suit, till the date of realization of the entire suit claim;

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 b) To award the costs of this suit; and to pass such other order or orders as this Hon’ble
Court may deem fit and proper in the circumstances of the case in the interest of
Justice.

COUNSEL FOR THE PLAINTIFF.

VERIFICATION:

I, Mr. A, S/o. ---------------, Age years, Occ: R/Patna do

Hereby declare that the contents of Para III are true and correct to the best of our
knowledge and believed to be true and correct, and the rest of the paras are on the basis of
information and legal advice and verified on this the ….Day of 1st January at Patna.

Deponent

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