CLINICAL – I

DRAFTING
AND
PLEADING
1. What is Drafting?
Ans.

2. What is Pleading?
Ans. – Pleading are statements in writing delivered by each party
alternatively to his opponent stating what his contention will be at the
trial and giving of such details as his opponents needs to know in order to
prepare his case in answer.
According to P C MOGHA, as stated that pleading are statements
in writing drown up and filled by each party to a case stating what his
contention will be at the trial and giving all such details to his opponent
needs to know in order to prepare his case in answer.

Two pleading in a suit –

a) A statement of claim (plaint)
b) A defense answer (written statement)

3. Objectives of Pleading:
 (Notice)
Mr. Anirban Chakraborty Date: 20/08/2018
Tripura Bar Association
Agartala, Tripura (W)

FOR ON BEHALF OF:

Sri-………………………………………………………………………….
S/O-……………………………………………………………………….
Vill.-……………………………………… PO.- …………………………
P.S. - ………………………………… Sub. - Div. -………………….
Dist. - …………………………..
……………………. Notice given
TO
Sri-………………………………………………………………………….
S/O-……………………………………………………………………….
Vill.-……………………………………… PO.- …………………………
P.S.-…………………………………… Sub.- Div. -………………….
Dist. - …………………………..
……………………. Notice Receiver

Notice for vacation of Rented Building

Under instruction and for and on behalf of my client Sri -…………………………….

above mention undersign to notice giver gives this notice upon you the notice
receiver as follows:
1. That within district- West Tripura, Sub-Div. - Sadar, Sub. Registry- Sadar,
PS- West Agartala, Mouja- Ramnagar, the building is situated and
appertaining the Khatian no. - 243, Dag No.- 57. Area- 2 Satak, over
which a hud measuring 20 feet x 10 feet Pukka Building with G.C.I Sheet
roof is the subject matter of this notice and hearing after called the
rented building.
 2. That my client inducted you the notice receiver in the rented building on
03/05/2016 as a monthly tenant and you the notice receiver entered
into the rented building at a monthly rent of Rs. 2000. You the notice
receiver have paid the monthly rent till the month of February 2018 and
thereafter you did not pay any rent even after demand made by my
client.
3. That for the reasons stated above you the notice receiver had become
defaulter in payment of rent as you have failed to pay rent for 5 (Five)
months consecutively. Thus you have become liable for evection from
the rented building. Therefore you are required to vacate the rented
premises within 15 (Fifteen) days from the date of receive of this notice.
Else my client is compelled to take shelter of law, you the notice receiver
would be liable for all consequences and cost.

You are therefore called upon to vacate the rented building in favor of my
client within above mention stipulated period without indulging unnecessary
litigation.

Yours faithfully
Anirban Chakraborty
Advocate
 (Draft of FIR)

To,
The officer-in-charge,
Women Police Station,
Agartala, East Tripura,

Subject: Complaint against Sri…………………,S/O:……………………,

Resident:………………………………………………………………,
P.S.: East Agartala, Dist.: West Tripura, Sub-Div.:
Sadar.
Respected Madam,
With due respect, I beg to inform you that my marriage with
Sri ………………………………………….. was solemnized on 05/06/2010 in my parental
house at ……………………………………… as per Hindu rights and customs. After few
days of the marriage my husband was provoking myself to bring cash amount
of Rs………………/- from my father is very poor vegetable vendor. For this reason
my husband started mental and physical torture upon me.
During last night (on dt……/……./………) at about 10 p.m. my
husband has bitten me by ‘lathi’ and physically assaulted me by causing injury
on my head and I have been treated in the emergency of IGM Hospital. Some
of my neighbors took me at the hospital. On return back from IGM Hospital my
husband did not allow me to enter in his house and as such I have taken
shelter in my parental house at ……………………
I have got witnesses of this occurrence and I pray for
appropriate action against my husband Sri ……………………………………… in terms
of Law and obliged them.

Dated: ………/………/………. Yours Faithfully

(Name of the victim women)

W/O.: …………………………………
Address: …………………………….
Witnesses:

1. (Self)
(Name of the victim women)
W/O. …………………………………
Address: …………………………….
2. (Name of the witnesses No. 1)
S/O.: …………………………………….
Address: ……………………………….
P.S.: ……………………………………..
Sub-Div.: ………………………………
Dist.: …………………………………….
3. (Name of the witnesses No. 1)
S/O.: …………………………………….
Address: ……………………………….
P.S.: ……………………………………..
Sub-Div.: ………………………………
Dist.: …………………………………….
4. Name of the other witnesses will be supplied later on.
 Title suit(PLAINT)

IN THE COURT OF
(Name of the Judge)
CIVIL JUDGE, JUNIOR DIVISION,
AGARTALA, WEST TRIPURA
CASE NO. – TS 77/18

IN THE MATTER OF: As suit for the decoration of title, confirmation of

possession mandatory injunction against the
defendant.
AND
IN THE MATTER OF: Sri ……………………………………………………………………………..
S/O.: ………………………………………………………………………….
Vill.: ……………………………….. P.O: …………………………………
PS: …………………………………… Sub-Div.: ………………………..
Dist.: ………………………………………………………………………….

....………………………… Plaintiff
Verses

Sri ……………………………………………………………………………..
S/O.: ………………………………………………………………………….
Vill.: ……………………………….. P.O: …………………………………
PS: …………………………………… Sub-Div.: ………………………..
Dist.: ………………………………………………………………………….

.……………………… Defendant
 This suit is value of Rs. 50/- and adequate court fee as
per Act has also be filed with the Plaint.

The above name plaintiff most respectfully and humbly begs to shegwth:

1. That the plaintiff is the citizen of India has been permanently residing at
the addressing mention in the cause title.
2. That the suit land for which the plaintiff is filed situated under Mouja:
Agartala, Sheet No.: …………. Khatian No.: ………………………. Dag no.:
……….. & …………. Measuring No.: ……………………….. Gandas of land of
which specifically mention in the schedule here in after mention below.
3. That plaintiff is soft nature of person and the defendant is totally
opposite who is trying to encroach the land belonging to the plaintiff
which has been mention specifically in the schedule below.
4. That on 05/02/2018, the defendant’s first instance came to the northern
area of the plaintiff (suit land) and try to erect the bamboo fencing and
encroach one cubic of land from east to west.
5. That upon this incident the plaintiff brought a step against the
defendant but in reply of such protest the defendant demanded those
propose encroaching alie is his own.
6. That the plaintiff vehemently asked not to be such acts and to call for
measurement by an Amin. The defendant that though went away for
that time but the plaintiff has the apprehension against the defendant
that he would again try to encroach the land.
7. That yesterday the defendant again with which associates came to the
northern area of the plaintiff and poured some garbage from east to
west which is preceded to ejection by bamboo fencing.
8. That on the above reason the plaintiff has filed the suit or declearation
of title confirmation of possession and mandatory injunction against
defendant.
9. That the cause of action in this suit firstly arose on 25/06/2017 and
finally it arose on 05/02/2008.
10.That the suit is in time as honorable court as both the territorial
pecuniary jurisdiction to try the suit.
11.That the plaintiff has paid adequate court fees under the court fee Act
Govt. of India.
12.That the plaintiff thus prayers for the following relief:
a) A decree be passed declaring the title in favor of plaintiff.
 b) A decree be passed confirming the possession of the suit land in favor
of the plaintiff.
c) A decree be passed granting mandatory injunction against the
defendant restraining him forever from the encroaching land of the
plaintiff.

Under the premises states about the plaintiff prayers and hope that the
honorable court would be kind enough –
a) To admit the suit.
b) To notify the defendant about various procedure of the honorable
court.
AND
For which Act of your kindness the plaintiff shall ever pray

VERIFICATION
I Sri..(Name of the plaintiff).. S/O: ………………………………….. Address: …………………
the plaintiff of this suit do hereby declare and verify that the contents made in
para 1 to 11 are true to my knowledge and the rest are my humble submission
and in acknowledgement where I put my hand in each page of this plaint on
this 27th day of August, 2018 in the court complex.
 AFFIDAVIT

IN THE COURT OF
(Name of the Judge)
CIVIL JUDGE, JUNIOR DIVISION,
AGARTALA, WEST TRIPURA
CASE NO. – TS 77/18

(Name of the Plaintiff)

Verses
(Name of the Defendant)
I Sri ………………………………………………………., Resident:……………………………………..,
PO.: …………………………………, PS.: ……………………………, Sub-Div.: …………………….,
Dist.: ………………………………., aged about 30 year by faith Hindu by profession as
school teacher, Nationality: Indian, do here by solemnly affirm and state on
oath as follows:
1. That I am the plaintiff of the instant suit and as such I am fully
conversant with the fact and circumstances of this suit.
………… this is true to my knowledge
2. That I am also competent to such affidavit and the connection of this
suit and such I swear.
………… this is true to my knowledge
3. That the statement made in so adverse in the plaint are true to my
knowledge and rest will be humble submission.
4.
Surned this affidavit
This day 28th day of August 2018
Before the Sherastadar of
the court of Civil Judge, Junior Division,
Agartala
Defendant is Identify by me
Anirban Chakraborty Akash Roy
(Advocate) Deponent
 Written Statement

IN THE COURT OF
(Name of the Judge)
CIVIL JUDGE, JUNIOR DIVISION,
AGARTALA, WEST TRIPURA
CASE NO. – TS 77/18

IN THE MATTER OF: Written statement filed by the defendant against the
suit for declearation, confirmation of possession and
mandatory injunction etc.

AND
IN THE MATTER OF: Sri ……………………………………………………………………………..
S/O.: ………………………………………………………………………….
Vill.: ……………………………….. P.O: …………………………………
PS: …………………………………… Sub-Div.: ………………………..
Dist.: ………………………………………………………………………….

....………………………… Plaintiff
Verses

Sri ……………………………………………………………………………..
S/O.: ………………………………………………………………………….
Vill.: ……………………………….. P.O: …………………………………
PS: …………………………………… Sub-Div.: ………………………..
Dist.: ………………………………………………………………………….

.……………………… Defendant
Written statement filed by the defendant:
1. That the instant suit for declearation, confirmation of possession and
mandatory injunction is not at all maintainable in the suit.
2. That the suit is totally falls and fabricated in order to unnecessary harass
the defendant by way of filling the suit by the plaintiff.
3. That the defendant is very innocent, gentleman ship manner, so no
question at all arises to disturb of encroach the land belonging to the
plaintiff.
4. That the suit is the result of miss conveniences and no incident at all
occurred as to bring the defendant before the honorable court.
5. That the suit bears no merit as such it liable to be dismissed with caused
to the defendant.
6. That without prejudice to what have been stated hearing above the
defendant further begs to reply in para wise made here in below.
7. That in reply to the para no 1 7 2 of the plaint the defendant humbly
submit that it is a matter of record so it should be proved by the
appropriate measures pending such proof the statement is denied and
dispute.
8. That in reply to the para no 3 of the plaint the defendant denies that the
plaintiff is a soft nature of person rather conversely the defendant is
very simple and soft nature of person in the society and he does not try
to encroach and land belonging to the plaintiff.
9. That in reply of para no. 4 of the plaint the defendant vehemently
denied the fact that on 05/02/2018 defendant allegedly try to encroach
the land of plaintiff by encroaching fencing measuring on cubic of land
from east to west it is totally coated story made by the plaintiff in order
to harass the defendant and to bring him in the court of law.
10.That the averments made in para no. 5 of the plaint is out and false.
Therefore the defendant puts the plaintiff in the strictest of the fact and
subject to be denied and disputed.
11.That it is also denied the defendant allegedly has gone away. It is also
denied that the plaintiff have called an official Amin to measurement the
suit land.
12.That it is denied that on 25/06/2017 the defendant allegedly again came
to the northern area along with some associates before the suit land and
had allegedly drawn from east to west for injunction of bamboo fencing
which has been asserted in para no. 7.
13.That In reply to para no. 8 of the plaint it is denied that the plaintiff have
filed the suit due to any action of the defendant as incorporated
specifically in para no. 8 and that the plaintiff had without any justifiable
 reason brought the instant suit against the defendant in order to make
suffered through mentally and financially.
14.That the cause of action at all arose on 25/06/2017 nor it had any reason
to arise cause of action finally on 05/02/2018
15.That the reply of the para no. 10 that the defendant humbly submits it is
matter of question of law and such the defendant begs to have the
matter before the honorable court.
16.That in reply para no. 11 it is denied that the plaintiff had paid an
adequate court fee as per the Indian Court Fee Act. So on this question
only the suit is liable to be dismissed unless adequate court fees have
been paid accordingly to the Act.
17. That the reply in para no. 12 whereby the relief sought for all the
premature untenable in law. The plaintiff is not at all to be granted those
reliefs as the plaintiff plaint is friction.
18.That the defendant who submit additional written statement as an when
it would be required on the basic of the plaintiff activities.

Under the premises it is humbly that, the honorable court would be kind
enough to dismiss the suit with cost in favor of the defendant.
AND
For this act of kindness the
defendant shall as it duty
bound shall ever pray.
VARIFICATION
I Sri ………………………………………………………………, S/o: ………………………………………,
the defendant of this suit do hereby declare and verify that the contents made
in para no. 1 to 18 are true to my knowledge and the rest are my humble
submission and in acknowledge where I put my hand in each page of this
written statement on this 3rd of September, 2018 in the court complex.
 AFFIDAVIT

IN THE COURT OF
(Name of the Judge)
CIVIL JUDGE, JUNIOR DIVISION,
AGARTALA, WEST TRIPURA
CASE NO. – TS 77/18

(Name of the Plaintiff)

Verses
(Name of the Defendant)
I Sri ………………………………………………………., Resident:……………………………………..,
PO.: …………………………………, PS.: ……………………………, Sub-Div.: …………………….,
Dist.: ………………………………., aged about 30 year by faith Hindu by profession as
school teacher, Nationality: Indian, do here by solemnly affirm and state on
oath as follows:
1. That I am the plaintiff of the instant suit and as such I am fully
conversant with the fact and circumstances of this suit.
………… this is true to my knowledge
2. That I am also competent to such affidavit and the connection of this
suit and such I swear.
………… this is true to my knowledge
3. That the statement made in so adverse in the plaint are true to my
knowledge and rest will be humble submission.
4.
Surned this affidavit
This day 28th day of August 2018
Before the Sherastadar of
the court of Civil Judge, Junior Division,
Agartala
Defendant is Identify by me
Anirban Chakraborty Akash Roy
(Advocate) Deponent