Code of Civil Procedure

Sample Plaint and allied documents

Sample Plaint and allied documents

By

Saumya Parmarthi

Symbiosis Law School, NOIDA

Hypothetical Situation

X in Connaught Place regularly supplies newspapers, books and periodicals to business entities. Y is a consultancy having an office at Statesman House, Kasturba Gandhi Marg, New Delhi. Y approach X on 28 June 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014. X insisted on an advance before commencing supply. Y deposited an advance of Rs. 50,000/- through a post dated cheque for July 29, 2014 which X accepted. On deposit the cheque was returned dishonoured by X’s bankers. X does not want to do any more business with Creative and wants a speedy remedy to recover the total outstanding amount of Rupees Seventy five thousand from Y. Prepare the appropriate filing for Jain Book in the above facts and circumstances in the correct jurisdiction.

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,    NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

X                                                                            ……………….Plaintiff

Versus

Y                                                                         ………………Defendant

LIST OF DOCUMENTS

S. No. Description of Document Date, if any, which the documents bears Signature of Party or Pleader
1. Annexure A-1: Copy of Cheque 295959 drawn on HDFC bank, Barakhamba Road Branch, Delhi 29-07-2014
2. Annexure A-2: Copy of Invoice 2652 30-07-2014
3. Annexure A-3: Copy of the letter from HDFC Bank, Connaught place, Delhi 01-08-2014
4. Annexure A-4: Copy of Trailed E-mails
5. Annexure A-5: Copy of legal notice 22-12-2014
6. Vakalatnama 25-03-2015

Delhi                                                                                                      Plaintiff

Date:                                                                                                    Through

Abc, Advocate

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,    NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

MEMO OF PARTIES

  1. X

Having its Regd office at

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001                                           ……………….Plaintiff

Versus

  1. Y

Having its regd. Office at

4th Floor, Statesman House,

K G Marg, Delhi 110001                                                     ………………Defendant

Delhi                                                                                                      Plaintiff

Date:                                                                                         Through

Abc, Advocate

 

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,    NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

X

C-9, Radial Road Number 4,

Connaught Place, Delhi 110001                                                       ……………….Plaintiff

Versus

Y

4th Floor, Statesman House,

K G Marg, Delhi 110001                                                                ………………Defendant

THE PLAINTIFF NAMED ABOVE STATES AS UNDER:

Most Respectfully Showeth:-

  1. That the present suit is being filed under the specific provisions of and in accordance of Rule 2 of Order XXXVII of the Code of Civil Procedure, 1908 and that the Plaintiff claims no relief, which does not fall within the ambit of this rule.
  2. That the Plaintiff is a Retail store engaged in a business of marketing and selling of books in various fields having its Registered Office at C-9, Connaught Place, Delhi. Aman Jain through whom the present suit is being instituted is the sole proprietor of the Plaintiff and he is fully competent to engage the counsel, sign the vakalatnama, plaint, affidavit, etc. to depose before the Hon’ble court and to do such other acts, deeds and things.
  1. That the plaintiff is engaged in marketing, selling & supplying newspapers, books and periodicals in the field of Indian law, business, economics, companies, international trade, commercial books, etc.
  2. That the Defendant is a consultancy firm incorporated under the Companies Act, of 1956 having its registered office in 4th floor, Statesman House, Kasturba Gandhi Marg, Delhi.
  3. That the Defendant approached Plaintiff on June 28, 2014 for supply of newspapers, magazines and periodicals beginning the month of July 2014.
  4. That the plaintiff insisted on an advance amount before commencing supply.
  5. That defendant provided a post dated cheque 295959 for July 29, 2014 of Rs. 50,000/- drawn on HDFC Bank, Branch Barakhamba Road, Delhi. The same was accepted by the plaintiff. This act of defendant initiated the contract by conduct of parties and so the plaintiff started supplying various reading materials to the defendant. The copy of the cheque is annexed herewith and marked as Annexure A-1.
  6. That the plaintiff supplied newspapers, magazines and periodicals in the month of July to the defendant. The total amount at the end of the month of July was calculated as Rs. 75,000/- (Rupees Seventy five thousand only). It was conveyed to the defendant vide Invoice 2652 dated July 30, 2014 which was duly accepted. A copy is annexed herewith and marked as Annexure A-2.
  7.  That vide a letter dated August 01, 2014 the deposited cheque 295959 was returned dishonoured by plaintiff’s bankers i.e. HDFC bank, Connaught Place Branch, Delhi. With this the plaintiff withheld the supply of the books & circulars till defendants pay off the dues. A copy of the letter is annexed herewith and marked as Annexure A-3.

That the plaintiff requested the defendant several times, orally and also via electronic mails to make the payment of the outstanding amount but the defendant on one pretext or the other avoided to the legitimate requests of the plaintiff without any cause or reason and never made any payment to the plaintiff. A copy of the trailed mails are annexed herewith and marked as Annexure A-4.

  1. That vide legal notice dated December 22, 2014 through registered post the plaintiff requested defendant to pay an amount of Rs. 75,000/- (Rupees Seventy five thousand only) due towards the services provided within 3 months (three months) after the receipt of the letter. A copy the notice is annexed herewith and marked as Annexure A-5.
  2. That no communication has been made till date by the defendants regarding the payment of money.
  3. That the defendant has not been cooperating and also has failed to repay their dues of the Plaintiff and hence this present suit.
  1. That the cause of action accrued to the plaintiff against the defendant within the jurisdiction of this Hon’ble Court on March 25, 2015 when the legal notice served by the plaintiff upon the defendant and he has not acted upon it thereafter.
  2. That the plaintiff is entitled to an interest @ 8.5% (at the rate of eight and half percent per annum) which is in consonance with the prevailing market rates and bank rates. The plaintiff claims interest at the above rate from the defendant from the date it became due till the date of realization.
  3. That the present suit being filed by the plaintiffs against the defendant is the first suit and no such suit has been previously filed, pending or decided by any court of law on the same subject matter.
  4. That plaintiff and the defendant works for gain and the entire cause of action also accrued between the parties at Connaught Place Delhi, within the territorial jurisdiction of this Hon’ble court. Therefore, this Hon’ble court has got the jurisdiction to entertain and try the present suit.
  1. That the value of the suit for the purposes of jurisdiction and payment of court fee is approximately Rs. 75,000/- (Rupees seventy five thousand only) on which Court fee of Rs. 3076.00 (Rupees three thousand seventy six only) ­­­­­has been paid.

 

Prayer

The plaintiff thereby prays:

  • That the amount due against the defendant is 75,000/- (Rupees Seventy five thousand only) to be ordered for payment to the plaintiff and leave to defend may please be granted accordingly.
  • That interest on principal sum from August 01, 2014 till the date of institution of suit be awarded and Pendente lite interest at the rate of 18% may be granted till the payment by the defendant.
  • That the costs of the suit be awarded to the plaintiff against the defendant.

Delhi                                                                                                                    Plaintiff

Date: March 27, 2015

VERIFICATION

I, the plaintiff above named do hereby verify that the contents of this plaint from paragraph 1 to 13 are true and correct to my personal knowledge and paragraphs 14 to 18 are believed to be true and correct according to the legal advice received to me.

Signed and verified on March 27, 2015 at Delhi.

Plaintiff

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,    NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

X                                      Versus                            Y

AFFIDAVIT

I, Mr. Aman Jain on behalf of X do hereby solemnly affirm and state as under that:-

  1. That the deponent is the plaintiff in the captioned suit. I am fully conversant with the facts of the plaint and competent to swear this affidavit on my behalf.
  2. That the present appeal has been drafted by my counsel under my instructions and guidance and the contents of the same are true and correct and are not being repeated herein for the sake of brevity and to avoid repetition and prolixity.
  3. That the contents of the plaint may kindly be read as part and parcel of this Affidavit also.

DEPONENT

VERIFICATION:

Verified by me at Connaught Place-Delhi on this 27th day of March 2015, that the contents of my above affidavit are true and correct to my knowledge, no part of it is wrong and nothing material facts has been concealed there from.

DEPONENT

VAKALATNAMA

IN THE COURT OF Ms. SALONI SINGH, CIVIL JUDGE -02, PATIALA HOUSE,    NEW DELHI

Civil Suit No. 102 of 2015

(Under Order XXXVII of the Code of Civil Procedure, 1908)

IN THE MATTER OF:

X                                      Versus                            Y

I, Aman Jain, the Sole Proprietor of X (the plaintiff)  do hereby appoint & retain Advocate Abc (hereinafter called as “the Advocate”) to be my advocate in the said Suit.  I authorize the Advocate to do any or all of the following on my behalf:

  1. a) To represent, act and appear for me
  2. b) To conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any application connected with the same or any decree of order passed therein
  3. c) To sign, file, verify, present, and receive all types of documents including plaints, statements, pleadings, appeals, cross objections, petitions, applications, revision, withdrawal, compromise or affidavits
  4. d) To withdraw or compromise or submit to arbitration any differences or disputes that may arise touching or in any manner relating to the said suit
  5. e) To deposit, draw and receive money, cheques, cash and grant receipts thereof
  6. f) To do all other acts and things as may be necessary or expedient, in the opinion of the Advocate, to be done

I do hereby agree to ratify and confirm all acts done by the Advocate or her substitute in the matter as my own acts, as if done by me to all intents and purposes.

Dated: March 25, 2015                                                                                        Signature

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