DRAFTING, PLEADINGS AND CONVEYANCES

Submitted to
Prof. K. GovindaKapil Gupta

Date of Submission
02.05.2019

Submitted by
LYDIA STEFFI CATHERINE S
BA0150023

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S.Lydia Steffi Catherine
Reg. No. BA0150023
IV – B.A., LLB., (Hons.)
Tamil Nadu National Law School
Tiruchirappalli
Tamil Nadu – 620 009

DECLARATION

I, S. Lydia Steffi Catherine, do hereby declare that the Drafting, Pleadings and

Conveyances submitted to Tamil Nadu National Law School in partial fulfillment of

requirement for award of degree in Under Graduate in Law to Tamil Nadu National

Law School, Tiruchirappalli, is my original research work. It and has not been formed

basis for award of any degree or diploma or fellowship or any other title to any other

candidate of any university.

Signature of the Candidate

Guide

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 ACKNOWLEDGEMENT
At the outset, I take this opportunity to thank my Professor K. GovindaKapil Gupta, Assistant

professor from the bottom of my heart who have been of immense help during moments of

anxiety and torpidity while the project was taking its crucial shape.

Secondly, I convey my deepest regards to the Vice Chancellor Dr. Kamala Sankaran

and the administrative staff of TNNLS who held the project in high esteem by providing reliable

information in the form of library infrastructure and database connections in times of need.

Thirdly, the contribution made by my parents and friends by foregoing their precious time

is unforgettable and highly solicited. Their valuable advice and timely supervision paved the way

for the successful completion of this project.

Finally, I thank the Almighty who gave me the courage and stamina to confront all hurdles

during the making of this project. Words aren’t sufficient to acknowledge the tremendous

contributions of various people involved in this project, as I know ‘Words are Poor Comforters’.

I once again wholeheartedly and earnestly thank all the people who were involved directly or

indirectly during this project making which helped me to come out with flying colors.

S. LYDIA STEFFI CATHERINE

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 CONTENTS
CONVEYANCES

SALE DEED………………………………………………………………………………………06

WILL………………………………………………………………………………………….……10

DEED OF EXCHANGE…………………………………………………………………….…..14

AGREEMENT TO SELL…………………………………………………………………….….21

PLEADINGS

SUIT ON A PROMISSORY NOTE…………………………………………………………….26

FILING OF A WRITTEN STATEMENT……………………………………………………...30

SUITS FOR GOODS SOLD AND DELIVERED……………………………………………33

SUIT AGAINST A COMMON CARRIER…………………………………………………….37

APPLICATION FOR THE APPOINTMENT OF A COMMISSIONER………………….41

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CONVEYANCES

5
 SALE DEED

Problem 1

Sale: Mr. Arun Mokan, the absolute owner of the house property worth Rs.80 Lakhs located at
Trichy. He is interested in selling the property to any potential purchaser. Ms. srinivas, residing
at Chennai, willing to purchase a property at Trichy and to that end approached Mr. Arun Mokan.
Both the parties agreed in this regard. Draft an appropriate sale deed for the parties.

This DEED OF SALE executed this, the 13th day of APRIL, 2019 BETWEEN

Mr.S. Arun Mokan , son of Mr. T. Siddarth Agarwal, aged about 32 years and residing at No.23,
Perumal kovil St, Woraiyur, Tiruchirapalli-620009, hereinafter called the “VENDOR” (which
term shall mean and include all their legal heirs, executors, representatives, assigns etc.) of the
ONE PART AND Ms. K. srinivas, son of Mr. Y. Kapil Gupta, aged about 29 years and residing
at No.5, X-Cross Street, near railway station, Thiruchirapalli-600090, hereinafter called the
'PURCHASER' (which term shall mean and include all his legal heirs executors, representatives,
assigns etc.) of the OTHER PART.1

(Explanation 1: This part represents the preamble part of the deed. In this part the description of
the deed, date of the deed and other details of the parties have been stated in full.)

WHEREAS the vendor is the sole and absolute owner of the house property admeasuring 5040
sq. mts bearing Door No.41 and R.S.No.7234/96 located in Thillai Nagar, Tiruchirapalli-620009,
more fully described in the Schedule hereunder, which he has acquired from Mr. L. Raja, by way
of sale in the year 2001 and registered with the Sub-Registry at Woraiyur, Tiruchirapalli,
evidenced by Sale Deed No.1000/01.2

(Explanation 2: This part of the deed is the introductory recital. In this part the transferor’s
absolute right is traced out.)

WHEREAS, the vendor is desirous of disposing off by way of sale the house property bearing
Door No.41 and R.S.No.7234/96 located in Thillai Nagar, Tiruchirapalli-620009, more fully
described in the Schedule hereunder, since the vendor needs money for his son’s wedding
expenses.3

(Explanation 3: This part of the deed is about the intention of the transferor to transfer it.)

WHEREAS the purchaser having learnt that the vendor is desirous of disposing off by way of
sale their house property bearing House No.41, located in Thillai Nagar, Tiruchirapalli-620009,

6
more fully described in Schedule hereunder, approaches the vendor with a view of purchasing
the same.4

(Explanation 4: This part of the deed speaks about the intention of the purchaser.)

WHEREAS, the vendor and purchaser having carried out negotiations for the Sale and Purchase
respectively of the house property bearing R.S.No.7234/96, located in Thillai Nagar,
Tiruchirapalli-620009, more fully described in Schedule; the vendor having agreed to sell the
property and the purchaser having agreed to purchase the same for a total consideration of Rs.80
Lakhs.5

(Explanation 5: This part of the deed shows that the parties to the deed have carried out
negotiations regarding the sale and the consideration.)

WHEREAS, in pursuance of the agreement arrived at between the Vendor and Purchaser as
regards sale and purchase respectively of the property, more fully described in the Schedule
hereunder, the purchaser having paid to the vendor a sum of Rs.40 lakhs (Rupees forty lakhs
only), being the advance amount, on 1st April, 2019, under an agreement to sell was entered
therefor.6

(Explanation 6: This paragraph specifies the date of payment of advance amount and the amount
paid as advance during the time of purchase.)

NOW THIS DEED WITNESSES THAT IN CONSIDERATION OF the vendor having agreed
to sell and the purchaser of a house property, bearing House No.41 and R.S.No.7234/96, more
fully described in Schedule hereunder, the Purchaser having paid an advance amount of
Rs.40,00,000/- to the vendor on 1st April,2019, when an agreement to sell was entered between
the parties; the purchaser having paid on the day of the execution of this deed, the balance sum
of Rs. 40,00,000/- to the vendor, which sum the vendor acknowledges of having received; and
thus, the total consideration of Rs.80 lakhs having been received by the vendor; the vendor does
hereby convey unto the purchaser absolutely all the title and interests in the Schedule mentioned
property and further, the vendor also delivering vacant possession of the said property to the
purchaser to enable the purchaser to enjoy the said property absolutely and without any
interruption of whatsoever nature.7

(Explanation 7: This paragraph represents the acknowledgement clause of the deed. It specifies
the completion of the transaction between the parties, the vendor having received the total
consideration, from the purchaser and consequently delivering the property to him.)

TO HAVE AND TO HOLD the property by the purchaser absolutely and forever and without
any encumbrance of whatsoever nature.8
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(Explanation 8: This part of the deed specifies the right of the purchaser after the transfer of the
said property.)

THAT the vendor and purchaser hereby mutually covenant as follows:

1. The vendor hereby assures the Purchaser that the property hereby sold to the Purchaser is free
from all encumbrances and that if any subsisting is found to be there, the same shall be discharged
at the expenses of the Vendor.

2. The Vendor hereby declares that in respect of the property sold by him to the Purchaser, he
shall pay all the taxes and other levies due on the property up to the date of execution of this Sale
Deed and that the Purchaser shall pay the taxes and dues falling due hereafter.

3. The Purchaser shall apply to the appropriate authorities and arrange to carry out the change of
name required in all the necessary records and for this purpose, the Vendor is always in readiness
to give consent and affix their signature.

4. The Vendor hereby declares that he surrendered all the parent deeds connected with the
property and that no document is retained by him.9

(Explanation 9: This part of the deed is the covenants of the deed. It represents the agreement
entered between the parties regarding the transfer of the schedule mentioned property.)

IN WITNESS WHEREOF, the parties having signed the deed on this, the 13th day of April,
2019.10

(Explanation 10: This is the testimonial part of the deed. This confirms the act of transfer between
the parties. The signature of the parties as well as of two witnesses is affixed.)

Dated at Thillai Nagar, this 13th day of April, 2019.

WITNESS

(1) Sd/- xxxxxxxxxxxx Sd/ xxxxxxxxxxxx

(Mr. C. Sudhakaran (Vendor)

No.21, KK Nagar

Tiruchirapalli-620021)

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 2) Sd/- xxxxxxxxxxxx Sd/- xxxxxxxxxxxx

(Mr. S. Sujitha (Purchaser)

No.21, KK Nagar,

Tiruchirapalli-620021)

SCHEDULE OF PROPERTY11

All that piece and parcel of house admeasuring 5040 sq. mts bearing House No.41 and
R.S.No.7234/96 situated in Thillai Nagar, Tiruchirapalli-620009 in the Woraiyur Sub district and
the Registration district of Tiruchirapalli and bounded by,

NORTH by Tennnur High Road

SOUTH - by a house Door No.48, bearing R.S. No.12326/89 and belonging to S. Vignesh

WEST – by a house Door No.12, bearing R.S. No.1245/94 and belonging to K.Swaminadhan.

EAST - by a house Door No. 70, bearing R.S. No. 1267/98 and belonging to S. Kumaran

situated within the Registration District of Tiruchirapalli and Sub-Registration District of

Woraiyur.

(Explanation 11: This is the schedule of the property. This gives a detailed description for
identification of the property at all times.)

Dated at Thillai Nagar, this 13th day of April, 2019.

(Sd/-) xxxxxxxxxxx

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 WILL
Problem No.2-
Will- Madhuvanthi, a 70-year-old lady wanted to draft a will for her five children – 3 boys and
2 girls due to consecutive health issues and uncertainty of death. Her property included
Rs.30,00,000 worth of immovable property and Rs.20,00,000 worth of movable property. She
decided to equally split her immovable property amongst her sons and the movable property
among her sons. Draft a will.

I, Mrs. A. Madhuvanthi, wife of Mr. Adhiseshan, aged about 70 years residing at No.7A-
32, East Coast Road, Chennai- 600028, executed this last will of mine on this 25th day of May
2019 and I hereby revoke all my former wills, testamentary dispositions and codicils made by
me. 1

(Explanation 1: This part represents the Preamble part of the will in which the testator’s
particulars have been given along with the testator’s intention that it’s the last will.)

I state that I had married my husband Mr. Adhiseshan in the year 1987 and since have
resided at the house property bearing No.7A-32, East Coast Road, Chennai- 600028, more fully
described in the Schedule I hereunder. Through my marriage I have had five children, three sons
named Mr. T. Sivaguru, Mr. T. Aditya and Mr. T.Padmanabhan and two sons named Mrs. V.
Angavai and Mrs. T. Sangavai.2

(Explanation 2: This part of the will denotes the status of the parties and the relationships of the
testator.)

I state that I am the sole and absolute owner of the house property bearing No.127, East
Coast Road, Chennai- 600028, valued at Rs.30,00,000 (Rupees Thirty Lakhs Only) which I was
acquired from Mr.M.Vishnu, by way of sale in the year 1992 and registered with the Sub-Registry
at ECR, Chennai, evidenced by Sale Deed No.7865/92 more fully described in Schedule-I and
furthermore, I have also acquired moveable property in the state of jewellery worth Rs.20,00,000
(Rupees Twenty Lakhs Only) more fully described in Schedule –II.3

(Explanation 3: This part of the will is the introductory recital which denotes the testator’s manner
of acquisition of the title for which she is the sole and absolute owner.)

I state that I am now 70 years of age suffering from health issues. Therefore, I have
decided to execute this Will distributing my properties between my children to avoid any sort of
disputes that may arise at the event of my passing.4

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(Explanation 4: This part of the will conveys the intention of the testator for the will by stating
the reasons for bequeathing.)

I state that I bequeath the immovable property more fully described in Schedule – I which
is valued at Rs.30,00,000 (Rupees Thirty Lakhs Only) amongst my sons Mr.T.Sivaguru,
Mr.T.Aditya and Mr. T. Padmanabhan exclusively in an equal manner resulting in each being
bequeathed with Rs.10,00,000 (Rs. Ten Lakhs Only) each and therefore my sons Mrs. V. Angavai
and Mrs. T. Sangavai shall have no claim over the same.5

(Explanation 5: This part of the will identifies the nature of property which is being bequeathed
to the testator’s sons by the testator and it also denotes the property allocation to each son.)

I state that I bequeath the movable property more fully described in Schedule-II which is
worth at Rs.20,00,000 (Rupees Twenty Lakhs Only) amongst my sons Mrs. V. Angavai and Mrs.
T. Sangavai exclusively in an equal manner resulting in each being bequeathed with
Rs.10,00,000(Rs. Ten Lakhs Only) each and therefore my sons Mr.T.Sivaguru, Mr.T.Aditya and
Mr. T. Padmanabhan shall have no claim over the same.6

(Explanation 6: This part of the will identifies the nature of property which is being bequeathed
to the testator’s sons by the testator and it also denotes the property allocation to each son.)

I appoint Mr. A. Vishwesh, son of Mr. N. Narayanan, aged about 43 years, residing at
No.19, Opp. Perumal Kovil, Mylapore, Chennai -600028 as the executor under this will.7

(Explanation 7: This part of the will appoints an executor to execute this will and the particulars
and details of the executor is stated.)

I state that I have executed this Will when I am in good health and possessing a sound
mind and in a fit manner to dispose my properties.

I state that I have not been influenced or coerced by anyone in the matter of execution of
this will.8

(Explanation 8: This part of the will denotes the absolute consent of the testator while allotting
the shares to the beneficiaries in order to avoid uncertainty as regard to her consent and to the
legal validity of the Will.)

IN WITNESS WHEREOF, I have hereunto signed this on the 25th day of May, 2019 at
Chennai.9

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(Explanation 9: This part of the deed is the testimonium where the testator confirms the act of the
transfer through signatures affixed by the executor and the two witnesses.)

Witnesses:

1) (Sd) xxxxxxxxxxxx (Sd) xxxxxxxxxxxxx

Mrs V. Amudha Executor
No.5, ECR, Chennai – 600 020
2) (Sd) xxxxxxxxxxxx
Mr. K.Natrajan
No.23, T Nagar, Chennai - 600 045

SCHEDULE – I10

The following property is bequeathed to the sons Mr.T.Sivaguru, Mr.T.Aditya and Mr. T.
Padmanabhan.

All that piece and parcel of house which is to be admeasuring 4357 sq.mts bearing bearing No.7A-
32, ECR, Chennai- 600028 situated in the ECR Sub District and the Registration district of
Chennai and bounded by,

NORTH by Beach Road

SOUTH - by a house Door No.4, bearing R.S. No.678/89 and belonging to T. Nivethan.

WEST – by a house Door No.59A-12, bearing R.S. No. 123/98 and belonging to L. Swami and
having a right of entry to the property from this side.

EAST - by a house Door No.6A, bearing R.S. No.89 and belonging to T.Sharuq.

Situated within the Sub-Registration district of ECR and the Registration District of Chennai.

SCHEDULE – II

The following are the moveable property that has been valued by an expert on the 10th day of
April, 2019 and is valued at a total of Rs.20,00,000 (Rs. Twenty Lakhs Only), that is to be
divided in an equal manner to the sons Mrs. V. Angavai and Mrs. T. Sangavai.

1.) Gold Bangles : Rs.4,00,000

2.) Gold Rings : Rs.2,00,000
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 3.) Gold Bracelet : Rs.4,00,000
4.) Gold Coins : Rs. 4,00,000
5.) Gold Necklace: Rs.6,00,000

Dated at Chennai, this 25th day of May, 2019.

(Sd/-) xxxxxxxxxxx

(Executor)

(Explanation 10: This part of the deed represents the Schedule and the detailed purpose for
identification of the property which the testator wants to transfer to and the details as to whom it
is being bequeathed.)

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 DEED OF EXCHANGE

Problem 3-

Deed of Exchange- Shobbit Agarwal is the owner of a building situated in Jaipur, Rajasthan who
wants to exchange it with Akash Gupta who is the owner of a flat situated in Gorakpur, Uttar
Pradesh. Both parties have agreed to exchange it. Draft a deed od exchange.

This deed of Exchange is executed at Jaipur, Rajasthan on this the 12th day of May, 2019
BETWEEN

1. Sri. P. Shobbit Aggarwal, son of Parth Samthan, residing at No.48, Vishwanadhan colony
, Jaipur 302 001, hereinafter called the FIRST PARTY (which term shall mean and include
all their legal heirs, executors, representatives, assigns, etc);
AND
2. Sri. R. Akash Gupta, son of Rajesh Gupta, residing at No. 3A-46, 10th Cross street,
Dhirubhai Nagar, Gorakpur, Uttar Pradesh 273 002, hereinafter called the SECOND
PARTY (which term shall mean and include all their legal heirs, executors,
representatives, assigns, etc);1
(Explanation 1: This part represents the preamble part of the deed. In this part the description of
the deed, date of the deed and other details of the parties have been stated in full.)

WHEREAS, the First Party herein, is the sole and absolute owner of immovable property, more
fully described in the First Schedule hereunder written, and herein after called the Schedule – A
property having acquired it by way of gift and having been registered in Jaipur and Sub-Registry
in Rewa Nagar.

WHEREAS, the Second Party herein, is the sole and absolute owner of immovable property,
more fully described in the Schedule - B hereunder written, and herein after called the Schedule
– B property which he has acquired from Mr. L. Arun Mokan Shastri, by way of sale in the year
2013 and registered with the Sub-Registry at Rewa, evidenced by Sale Deed No.7008/13.2

(Explanation 2: This part of the deed is the introductory recital. In this part the First and the
Second Party’s manner of acquisition along with their absolute right is traced out.)

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WHEREAS, the First Party is desirous of disposing off by way of exchange the Schedule – A
property No.48, Vishwanadhan Colony, Jaipur 302 001, Rajasthan, more fully described in
Schedule hereunder since the First Party does not need it anymore.

WHEREAS, the Second Party is desirous of disposing off by way of exchange the Schedule -B
property No. 3A-46, 10th Cross street, Dhirubhai Nagar, Gorakpur 273 002, Uttar Pradesh, more
fully described in Schedule hereunder since the Second party needs money to meet the wedding
expenses of his son.3

(Explanation 3: This part of the deed expresses the intention of the parties to transfer the said
properties.)

WHEREAS, it has been established and agreed by both the parties that the value of properties is
equal.4

(Explanation 4: This part of the deed is about the value of the properties.)

WHEREAS, the First Party and the Second Party having carried out negotiations and agreed
between the parties hereto to exchange their respective properties viz. Schedule – A property
written here under unto and to the use of the Second Party in consideration of the Schedule - B
property here under written unto the use of First Party.5

(Explanation 5: This part of the deed shows that the parties to the deed have carried out
negotiations regarding the sale and the consideration.)

WHEREAS, the parties have agreed to execute this deed of exchange.

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the First Party conveying to the party of the Second Part the Schedule - A
property hereunder written and First Party hereby grant and convey by way of exchange unto the
Second Party absolutely and forever all that piece and parcels of the property described in the
Schedule – A together with all the liabilities, easements, profits, privileges, advantages, rights,
members and appurtenances whatsoever of the said Schedule - A property and together with all
15
the deeds, documents, writings and other evidences of title relating to the said Schedule - A
property and all the estate, right, title, interest, use, possession, benefit, claim and demand
whatever, both at law and in equity of the Second Party TO HAVE AND TO HOLD the said
Schedule – A property hereby granted and conveyed by way of exchange unto and to the use and
benefit of the Second Party and enable the Second Party to enjoy the respective property.6

(Explanation 6: This paragraph represents the acknowledgement clause of the deed. It specifies
the completion of the transaction between the parties, the Second Party having received by way
of exchange the Schedule mentioned property B from the First Party.)

NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the Second Party conveying to the First Party, the Schedule - B property
hereunder and Second Party hereby grant and convey by way of exchange unto the First party
absolutely and forever all that piece and parcels of the property described in the Schedule - B
together with all its liabilities, easements, profits, privileges, advantages, rights, members and
appurtenances whatsoever of the Schedule - B property and together with all the deeds,
documents, writings and other evidences of title relating to the Schedule - B property and all the
estate, right, title, interest, use, possession, benefit, claim and demand whatsoever, both at law
and in equity, of the First Party TO HAVE AND TO HOLD the Schedule - B property hereby
granted and conveyed by way of exchange unto and to the use and benefit of the First Party and
enable the Second Party to enjoy the respective property.7

(Explanation 7: This paragraph represents the acknowledgement clause of the deed. It specifies
the completion of the transaction between the parties, the First Party having received by way of
exchange the Schedule mentioned property B from the Second Party.)

THAT each of the parties of the First and the Second Part mutually covenants with the other that;

1. He has now in himself, absolute right, full power and absolute authority to grant the
scheduled property hereby granted or assured or intended to be by her unto and to the use
of the other party in manner aforesaid.

2. That the other party shall and may at all times hereafter peacefully and quietly enter upon,
occupy, possess and enjoy the scheduled property conveyed to her and receive the profits
thereof and for her own use and benefit without any suit, eviction, interruption, claim or
16
 demand whatsoever from or by him the covenanting party or his heirs, or any of them or
any persons lawfully or equitably claiming or to claim by from under or in trust for them
or any of them.

3. The said scheduled property is free from all encumbrances, claim, and attachment of
whatsoever in nature.

4. Both the parties may apply to the appropriate authority to have the names in the documents
changed.

5. Each Party shall surrender the parent documents to the other party.

6. Each party shall pay the respective rents, taxes, assessments, rates, duties for their
property chargeable or which may herein after become payable in respect thereof to the
local authority.

7. The parties agree that two copies of this deed shall be made out so as to enable each party
to be in possession to substantiate his title to the property. The original deed shall be with
the First party and the copy of the deed shall be with the Second party.

8. Each covenanting party and all the persons having or lawfully claiming any estate or
interest whatsoever in the scheduled property is conveyed by him shall and will from time
to time and at all times herein after at the request and cost of the other of them do and
execute or caused to be done and executed such further and other acts deeds, things,
conveyances and assurances in the law whatsoever for the better and more perfectly
assuring the said land and premises conveyed to him by the other and every part thereof
unto and to the use of, the party to whom it is conveyed in the manner aforesaid as by him
his heirs, executors, administrators and assigns shall be reasonably require.8
(Explanation 8: This part of the deed is the covenants of the deed. It represents the agreement
entered between the parties regarding the transfer of the schedule mentioned property.)

IN WITNESS WHEREOF the First Party as well as the Second Party have signed on the 4th day
of April, 2019.9
17
(Explanation 9: This is the testimonial part of the deed. This confirms the act of transfer between
the parties. The signature of the parties as well as of two witnesses is affixed.)

WITNESS

(1) Sd/- xxxxxxxxxxxx Sd/ xxxxxxxxxxxx

Mr. C. Konkan (First Party)

No.21, KK Nagar

Jaipur

2) Sd/- xxxxxxxxxxxx Sd/- xxxxxxxxxxxx

Mr. S. Shilpha (Second

Party)

No.21, KK Nagar,

Jaipur

SCHEDULE10

(Explanation 10: This is the schedule of the property or the situation clause. This gives a detailed
description for identification of the property at all times.)

SCHEDULE – A (To be taken by the Second Party)

All that piece and parcel of super structure measuring an extent of 3000 SQUARE FEET
(inclusive of common area) situate at

OLD DOOR NUMBER FLOOR SQUARE FOOT

123 Ground Floor 1200

First Floor 1212.125

18
All comprised in 123, Rajiv Gandhi Colony, Jaipur the Land measuring total extent of 3000
SQUARE FEET comprised in TOWNSHIP SURVEY NUMBER 80/7, and the land being
bounded on the

NORTH BY: East High Road

SOUTH BY: Property bearing Door No. 133, Dirubhai Gandhi Colony, Jaipur

EAST BY: Property bearing Door No. 116, Dirubhai Gandhi Colony, Jaipur

WEST BY: Property bearing Door No. 118, Dirubhai Gandhi Colony, Jaipur

Situate within the Registration District of Jaipur South and Sub- Registration District of Shastri
Nagar.

SCHEDULE – B (To be taken by the First Party)

All that piece and parcel of super structure measuring an extent of 3991.25 SQUARE FEET
(inclusive of common area) situate at

OLD DOOR NUMBER FLOOR SQUARE FOOT

27 Basement floor 2756.125

Ground floor 1235.125

All comprised in No. 3A-42, 10th Cross street, Dhirubhai Nagar, Gorakpur 273 002, and the land
being bounded on the

NORTH BY:2nd cross Street, Gorakpur

SOUTH BY: Property bearing Door No. 35, 2nd Cross street, Gorakpur

EAST BY: Property bearing Door No. 26, 1st Cross street, Gorakpur

WEST BY: Property bearing Door No. 28, 1st Cross street, Gorakpur

Situate within the Registration District of Gorakpur and Sub- Registration District of Bicchia.

19
 SCHEDULE - C

All that piece and parcel of super structure measuring an extent of 25000 SQUARE FEET
(inclusive of common area) situate at bearing No.27 and R.S.No.1234/96 situated in Dhirubhai
Nagar, Gorakpur 273 002 and being bound by

NORTH BY:2nd cross Street, Gorakpur

SOUTH BY: Property bearing Door No. 32, 2nd Cross street, Gorakpur

EAST BY: Property bearing Door No. 26, 1st Cross street, Gorakpur

WEST BY: Property bearing Door No. 28, 1st Cross street, Gorakpur

Situate within the Registration District of Gorakpur and Sub- Registration District of Bicchia.

Dated at Gorakpur, this 12th day of May, 2019.

(Sd/-) xxxxxxxxxxx

20
 AGREEMENT TO SELL

Problem No. 8

Agreement to sell- Arun Mokan, a textile manufacturer in Tirupur has some extra stock of T-
shirts from last production. He has found a buyer by name A.C Srinivas in Erode who is interested
in buying the extra stock. The total availability of T-shirts weigh 100 kgs. The price for the same
is Rs. 500 per kg. Draft an agreement to sell.

Buyer- A.C Srinivas, Sivan Koil Street, Near Railway Junction, Erode

Seller- Arun Mokan, Peruman Koil Street, Tirupur.

This AGREEMENT TO SELL executed on the 31th day of March, 2019

BETWEEN

Mr. V. Arun Mokan, son of Mr. P. Ram Mokan, aged about 63 years and residing at C-123,
Peruman Koil Street, Tirupur -520451, hereinafter called the ‘VENDOR’ (which term shall mean
and include all their legal heirs, executors, representatives, assigns etc.)

AND

Mr. A.C Srinivas, son of L. Raj Srinivas, aged about 52 years and residing at Sivan Koil Street,
Near Railway Junction, Erode, 675895 hereinafter called the ‘PURCHASER’ (which term shall
mean and include all his legal heirs, executors, representatives, assigns etc).1

(Explanation 1: This part of the agreement represents the preamble of the agreement. In this part
the description, date and other details of the parties have been stated in full.)

WHEREAS the Vendor is the absolute owner in possession of the products (T-shirts of 100 kgs).

WHEREAS the product hereunder was manufactured by the Vendor.

WHEREAS the Vendor is the absolute owner of the stock and he has been enjoying the same
with absolute right and he has a clear and marketable title.

WHEREAS the Vendor has extra stock from his last production and is interested in disposing off
the same.2

(Explanation 2: This part states the intention of the Vendor and also establishes the ownership.).

21
WHEREAS the Purchaser having learnt from a common friend that the First Party is desirous of
disposing off the extra stock of T-shirt approaches the First Party with a view to purchasing the
same.3

(Explanation 3: This part expresses the intention of the Purchaser to purchase the goods from the
Vendor.

WHEREAS the Vendor offered to sell and transfer the stock to the Purchaser for a sale
consideration of Rs. 500 per Kg totaling to Rs. 50,000 for 100 Kgs (Rupees Fifty Thousand only)
and the Purchaser herein has agreed to purchase the same.4

(Explanation 4: This paragraph states that the Vendor and the Purchaser carried out the
negotiations and arrived at a consideration for the schedule-mentioned goods.)

THAT the Vendor and the Purchaser hereby mutually agree as follows:

1. The Vendor hereby assures that the goods which are agreed to being sold would be
delivered by the Vendor itself and there would be no costs for such delivery and if any
costs arises it would be taken up by the Vendor. The goods would be in good condition in
terms of quantity and quality.

2. The Purchaser is can reject the goods if any deficiency in quantity or quality is established.

3. The Vendor is entitled to be paid 50% of the consideration, i.e., Rs. 25,000 as advance by
the Purchaser before the said delivery of goods.

4. The remaining consideration for the goods is to be paid by the Purchaser at the time of
delivery.
5. If the goods are defective it should be returned and replaced within a weeks’ time from
the date of delivery. If replacement is not possible, the said consideration would be
reimbursed in full.

6. If dispute arises, in such a case the jurisdiction of the Court would be that of the Vendor’s.

7. The sale transaction should be completed by or on 15th of April, 2019

8. The mode of transaction is online. The Bank Acc. Details are as follows:
Acc. No.-xxxxxxxxxxxxxxx
IFSC Code- IOBAxxxxxx

22
 Branch- PCB5
(Explanation 5: The above part puts forth the terms and conditions of the agreement).

IN WITNESS WHEREOF, the Vendor and the Purchaser have signed the agreement on the 31st
day of March, 2019. 6

(Explanation 6: This is the testimonial part of the deed. This confirms the act of transfer between
the parties. The signature of the parties as well as of two witnesses is affixed.)

Dated at Tirupur, this 31st day of March, 2019.

WITNESSES

(1) Sd/- xxxxxxxxxxxx Sd/ xxxxxxxxxxxx

(Vignesh) (Vendor)

2) Sd/- xxxxxxxxxxxx Sd/- xxxxxxxxxxxx

(Shiva) (Purchaser)

Dated at Tirupur on the 31st day of March, 2019.

23
 SCHEDULE 7

(Explanation 7: This is the schedule of the goods. This gives a detailed description for
identification of the goods at all times.)

Description of the T-shirts

Sl. No T-shirt size Total No of T- Weight in

shirts Kilograms

1 SMALL (S) 200 20

2 MEDIUM (M) 235 20

3 LARGE (L) 150 20

4 EXTRA LARGE 125 20

(XL)

5 FREE SIZE 100 20

(XXL)

TOTAL 750 100 kgs

24
PLEADINGS

25
 SUIT ON A PROMISSORY NOTE

Problem No.1-

Donald, son of Arnold aged about 35 years, a Civil Engineer, residing at Mylapore Village,
Chennai lent a sum of Rs. 2,00,000 to Austin, son of John, a merchant carrying on his business

at Alwarpet Chennai and residing at 1st Cross Street, Michael Nagar Adyar, on the strength

of promissory note executed by him of the 22nd of April 2016, agreeing to repay the same with
10% per annum. Austin has not repaid any amount till date as agreed even after remainders

sent to him, including a Notice dated 22nd June 2023 sent by Donald’s Advocate to Austin.
Draft a suitable plaint for recovery of money from Austin.

IN THE CITY CIVIL COURT AT CHENNAI

O. S. No. 123 of 2018
BETWEEN

A. Donald ……….Plaintiff

AND
J. Austin …………Defendant

PLAINT FILED UNDER ORDER VII RULE I OF C.P.C

The above-named plaintiff states as follows: -

The plaintiff, A. Donald, son of R. Arnold, aged 35 years, is a civil engineer, residing at
Mylapore Village, Chennai- 600045. The address of the plaintiff for service of all notices and
processes is that of his Advocate L. Balaji, Kamarajar Street, T.Nagar, Chennai- 600 030.

The defendant, J. Austin, son of J. John, the defendant is a merchant carrying on business at

Alwarpet, Chennai and residing at 1st Cross Street, Michael Nagar, Adyar, which is also his
address for the service of all notices and processes from this Court of Law. All notices and
processes on the defendant may be served on him in his address noted above.

1. The plaintiff states that on 1st of April 2016, the defendant had approached the plaintiff
with a request to grant him a loan of Rs.2,00,000 since the defendant was in urgent need
of money to expand his business.

26
2. The plaintiff states that the defendant, at the time of approaching the plaintiff had
guaranteed to the plaintiff that he was ready to adhere by the terms and conditions fixed
by the plaintiff upon him.

3. The plaintiff states that on the 22nd of April, 2016, the plaintiff granted a loan of Rs.
2,00,000 to the defendant on the strength of a promissory note executed on the same
day in favour of the plaintiff for a sum total of Rs.2,00,000 along with an interest of
10% per annum.

4. The defendant upon receiving the above-mentioned amount promised the plaintiff that
he would pay back the sum by the end of January 2023, i.e., 31.01.2023 with the interest
of 10% per annum.

5. Despite agreeing to pay the amount with interest by 31.01.2023, the defendant has not
paid any amount till date as agreed between the parties even after several remainders

sent to him, including a legal notice dated 22nd June 2023 that was sent by the plaintiff’s
advocate.

6. The plaintiff states that due to the failure of the defendant to honor the promissory note
executed by him, the plaintiff has lost a considerable amount of money and has been
through mental agony because of being cheated by the defendant.

7. The plaintiff states that a sum of Rs.2,00,000 along with 10% interest is payable to the
plaintiff and for the recovery of which this suit has been filed.

8. The plaintiff states that, the defendant borrowed a loan of Rs.2,00,000 on the strength
of the promissory note executed by him on 2nd of April, 2016 in favour of the plaintiff
with the promise of repaying it by 31.01.2023 at 10% interest per annum. Till date,
none of the borrowed sum has been returned nor has the defendant responded to the
multiple remainders as well as the legal notice of the plaintiff. Therefore, the cause of
action for the suit arose on 22.04.2016, the date of execution of the promissory note
and on 31.01.2023 when the promissory noted matured and the defendant failed to pay
back the plaintiff, and when the registered notice was sent to the defendants at Chennai,
within the jurisdiction of this Court.

27
 9. The plaintiff estimates the value of the suit is Rs. 2,00,000 with interest for the purpose
of court fees under Section 24 of the Tamil Nadu Court Fees and Suits Valuation Act,
1955.

10. The plaintiff prays that this Honourable Court may be pleased to pass a decree in
favour of the plaintiff: -
a. To direct the defendant to repay the loan amount of Rs.2,00,000 with 10%
annual interest.
b. For further interest at a specified rate per annum from the date of the decree
till the date of realization;
c. For the costs of the suit; and
d. Awarding such other reliefs as the Court pleases so.

Advocate for Plaintiff Plaintiff

Balaji L A.Donald

List of Document Filed

Documents of original promissory note executed by the defendant.

VERIFICATION
I, A. Donald, the plaintiff above named, do hereby verify and state that the contents of the
above plaint from paras 1 to 9 are true and correct to the best of my knowledge and belief, and
no part of it is false and nothing material has been concealed therein.

Signature
xxxxxxxxxxxxxxx

A.DONALD
Plaintiff

VALUATION
1. Valuation for the purpose of jurisdiction and Court Fees
for relief (a)

28
Principal amount ________________________
Interest from _____ to ____ ________________________
Total
________________________

2. Court Fees thereon under Chapter I , Chapter II, read with Schedule I
and Schedule IIof Tamil Nadu Court Fees
and Suits Valuation Act,
Court Fees paid under the Tamil Nadu Court
Fees and Suits Valuation Act __________________
Balance of Court Fees payable
Date this, _______the day of _______

Signature______
D.Donald – Plaintiff
Signature______
Balaji L, Advocate

LIST OF DOCUMENTS SUBMITTED BY THE PLAINTIFF

Sl. No. Date Parties Description of Document

1 2.04.2016 Defendant & Plaintiff Promissory Note executed by the

defendant for the loan advanced to him
by the plaintiff

2 22.06.2023 Plaintiff & Defendant Official copy of the Legal Notice that
was sent by the plaintiff to the defendant

3 24.04.23 Plaintiff & Defendant Acknowledgment in receipt, the notice

that was sent to the defendant.

29
Problem 2-

Filing of Written Statement: Based on the Plaint drawn for Problem No.1 given above draft a
suitable written statement.

WRITTEN STATEMENT

IN THE CITY CIVIL COURT AT CHENNAI

O. S. No. O. S. No. 123 of 2018
BETWEEN
A. Donald Plaintiff
Versus
J. Austin Defendant

WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII RULE

1 OF CPC, 1908

The defendant, J. Austin, son of J. John, the defendant is a merchant carrying on business at
Alwarpet, Chennai and residing at 1st Cross Street, Michael Nagar, Adyar, Chennai – 600 085.

The address of the defendant for service of all notices and processes is that of his counsel L. Ram
Prabhu, No. 123, Chinamanur Road, Koyambedu - 600 045.

The defendant submits as follows: -

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. The defendant admits the borrowing of Rs. 2,00,000 from the plaintiff at the rate of 10%
on 20th March 2016, for the expansion of his business and the promissory note was
executed as referred to in paragraph 1 of the plaint.
3. The allegations in paragraph 2 of the plaint is denied as false and baseless, as the defendant
had not guaranteed the plaintiff to adhere completely to the terms and conditions fixed by
the plaintiff, this is done by the plaintiff to extort more money from the defendant.

30
4. The allegations in paragraph 3 of the plaint are false as the defendant denies that it was
agreed that the repayment must occur by 31.01.2023 and plaintiff is put to strict proof of
the same.
5. The allegations in paragraph 4 of the plaint are baseless thus denied, as the defendant had
agreed to repay the amount by 31.06.2023 and on 31.05.2023, the defendant sought an
extension for the date of repayment as his business suffered from losses. The plaintiff
granted an extension till 31.12. 2023 with the interest rate increased to 15%.
6. The allegations in paragraph 5 of the plaint is absolutely false therefore denied, as the
defendant had sought an extension because of which the promissory note had not matured.
Therefore, there was no reason for the plaintiff to send a legal notice and it was not
required by the defendant to reply to that. Still, the defendant replied with a letter to the
plaintiff reminding the latter of the extension and that there are six months left for the
defendant to repay the plaintiff.
7. It is submitted that the suit is only an abuse of the process of law to intimidate the
defendant and allowing the plaintiff to not honor the promissory note and the extension.
8. The plaintiff had filed this suit on the mere motive to gain money immediately by filing
this after accepting the defendants request for time.
9. The defendant is not liable to the costs of the plaintiff but the plaintiff is liable to the costs
to the defendants.

Hence, it is prayed that this Hon’ble Court may be pleased to dismiss the suit with costs.

Advocate for Defendant Defendant

L. Ram Prabhu J. Austin

31
 VERIFICATION
I, J.Austin, the defendant above named, do hereby verify and state that the contents of the above
plaint from paras 1 to 6 are true and correct to the best of my knowledge and belief, and no part
of it is false and nothing material has been concealed therein. Hence, verified on this the 30 th of
April 2019 at Chennai.

Signature
xxxxxxxxxxxxxxx

J.AUSTIN
Defendant

32
 SUITS FOR GOODS SOLD AND DELIVERED

Question No. 3-
Velu, residing at Trichy, purchased a SAMSUNG mobile set from Aruna Agencies, a dealer
exclusively in mobile phones, carrying on business at 1st Cross Street, Thillai Nagar, Trichy for Rs
20,000. The sale carried a warranty for a period of one year. Since the time of purchase Velu was
experiencing trouble in one way or the other while using the phone and he wanted to return the
mobile purchased by him and the dealer refused to take back the same. Velu approaches you to file
a suit against Aruna Agencies. Draft a plaint for Velu.

IN THE DISTRICT MUNISIFF COURT AT TIRUCHIRAPALLI

O.S.No. 263/2019
BETWEEN
C.Velu ……………………….Plaintiff
AND
Aruna Agencies ……………………….Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC

The Plaintiff above named submits as follows:
The Plaintiff Mr. N. Velu, son of Mr. A. Nandhan, aged about 32 years and residing at 123, Salai
Road, , IIIrd Cross, Thillai Nagar, Trichy-620007.

The Address of the Plaintiff for service of all Notices and other processes from this Court of Law is
that of his Advocate A. Vignesh, BA.BL., having his office at No. 78, Next Buildings, Thennur
Road, Trichy.

The Defendant Aruna Agencies is at Aruna Agencies, Thillai Nagar, Trichy which is also the
address for service of all summons and other notices from this Court of Law.

1. The plaintiff states that on the 15th of April 2018, the plaintiff had approached the Aruna
Agenices for purchasing a mobile phone for the personal use of the plaintiff.
2. The plaintiff states that after looking at various models of mobile handset he chose the
“Samsung Galaxy S 7” which costed Rs. 20,000 and had a warranty period of 1 year from
the date of purchase.

33
3. The plaintiff states that at the time of purchase of the mobile phone, the defendant agency
had assured the plaintiff free after-sale service for six months’ period and in case the
handset is had any other damage beyond repair, a warranty for a years’ period was
available and the plaintiff could replace the older phone with ne phone of the same model
at no extra costs.

4. The plaintiff states that, after the purchase of the phone and having using it for a couple of
hours he was experiencing some problem with the Mobile phone’s touch screen and with
few more days its functioning was declining and after a period of two weeks the phone
could not be used at all.

5. The plaintiff states that when he approached the defendant agency for replacing the phone
the defendant agency refused to respond to the plaintiff’s claim.

6. The plaintiff states that after repeated visits to the defendant’s store he later sent a legal
notice on 15th of May, 2018 against the defendant through his lawyer, for which there was
no response from the defendant.

7. The plaintiff states that a mobile phone for the cost of Rs.20,000 is replaceable or Rs. 20,000
in monetary terms is payable to the plaintiff and for the recovery of which this suit is filed.

8. The plaintiff states that he purchased a “Samsung Galaxy S 7” mobile phone from the
plaintiff which had a warranty period for a year. This mobile phone has been giving trouble
to the plaintiff and there have been problems in its functioning since the plaintiff started
using it. After 2 weeks the mobile phone was rendered unusable. Therefore, the plaintiff
approached the defendant for a replacement which the defendant has blatantly denied. The
cause of action of the suit arose at Trichy within the jurisdictional limit of the Court on the
15th of April 2018 when the plaintiff approached the defendant agency to purchase a mobile
phone also on the 30th of April 2018, when the plaintiff approached the defendant agency to
address his complaint and also on 15th of May, 2018 when the legal notice was served upon
the defendant by the petitioner

34
 9. The Plaintiff states that this Hon’ble Court has jurisdiction to try the suit as the whole cause
of action arose at Trichy and values the suit at Rs. 20,000/- and pays thereon a Court Fee of
Rs. as per Section 24 of The Tamil Nadu Court Fees and Suits Valuation Act.

10. The Plaintiff therefore prays for a Judgment and Decree in favour of the plaintiff and against
the defendant:

i. Directing the defendant in replacing the defective mobile phone with a new one and
additional services to be provided for the new good.
ii. for Costs of the suit
iii. for such other reliefs which the Plaintiff is entitled and which this Court deems to be fit.

Signature Signature
Advocate Mr. A. Vignesh BA.BL C.Velu -Plaintiff

VERIFICATION
I, N. Velu, son of Mr. A. Nandhan, the Plaintiff above named, do hereby verify and state that the
allegations/averments set out in paras 1 to 9 are based on knowledge, information and belief and
that the same is true.

Signature
C.Velu Plaintiff

35
 Sl. No. Date Parties Description of Document

1 15.04.2018 Defendant & Plaintiff Copy of the invoice issued dated for the
purchase of the defective headset
SAMSUNG GALAXY CV3 by the
plantiff from the mobile agency

2 15.05.2018 Plaintiff & Defendant Official copy of the legal Notice that was
sent by the plaintiff to the defendant.

3 16.05.2018 Plaintiff & Defendant Acknowledgment in receipt, the notice

that was served upon the defendant.

36
 SUIT AGAINST A COMMON CARRIER

Problem -4

Haeish, is carrying on the business of transporting goods under the name and style of M/., Ram
Transports (P) Limited from one place to another, Chennai. Bhaskar, entrusted 10 cartons
containing books worth Rs.3,00,000/- for carriage on 02.01.2016 to Mumbai. The consignee M/s.,
Lakshmi Book House, Mumbai, was able to take delivery of 8 cartons, thus a short delivery having
taken place for 2 cartons worth Rs. 40,000/-. The consignee having informed its supplier about the
same, Bhaskar intends to file a suit against the carrier for the short delivery effected by it. Draft an
appropriate Plaint.

SUIT FOR COMPENSATION AGAINST COMMON CARRIER

IN THE CITY CIVIL COURT AT CHENNAI

O.S.No.276/2019

BETWEEN

R. Bhaskar ……………. Plaintiff

AND
M/., Ram Transports (P) Limited …………Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC FOR COMPENSATION

AGAINST COMMON CARRIER

The Plaintiff above named submits as follows:

The plaintiff, R. Bhaskar, son of N. Raja, aged about 35 years and residing at No. 123, Ponnaiah
Staff Colony, Devaraya Nagar, Chennai-600028.

The Address of the Plaintiff for service of all Notices and other processes from this Court of Law is
that of his Advocate L. Balaji BA.BL, having his office at No. 8, Rajagopala Street, T-Nagar,
Chennai- 620021.

37
The address of the defendant is M/., Ram Transports (P) Limited, at No. 27, Salai Road,
Nungambhakkam, Chennai - 620027. All notices and processes on the first defendant maybe
served on him in his address noted above, or on his advocate if and when engaged.

1. The plaintiff hereby states that, the defendant had made a commitment to deliver a
consignment containing ten cartons of books, worth Rs.3,00,000 to M/s., Lakshmi Book
House, at No.25, Kagalnagar, Mumbai-400015, from Chennai to Mumbai on 02.01.2016.
The order number for the same is 23456.

2. The plaintiff further states that, he had entrusted the defendant to deliver 10 cartons of books,
worth Rs.3,00,000/- to M/s., Lakshmi Book House, at No.25, Kagalnagar, Mumbai-400015
and upon delivery of the same, it was found out that 2 cartons of books were missing.

3. The plaintiff states that he repeatedly approached the Defendant to pay the due amount of
Rs.40,000/- for non-delivery of 2 cartons. On 12.03.2015, the plaintiff, through his
advocate has sent a registered notice to the defendants demanding the amount due from
him. The Defendants did not reply to the Notice.

4. The plaintiff states that a sum of Rs. 40,000 has not been paid to the plaintiff and for the
recovery of which this suit has been filed.

5. The plaintiff states that he had entrusted the defendant company with 10 cartons of books
worth Rs. 3,00,000 for carriage to Mumbai by 02.01.2016. On reaching the destined
location the defendant failed to deliver 2 cartons of books worth Rs.40,000/- to M/s.,
Lakshmi Book House. The cause of action for this suit arose at Chennai on 02.01.2016
when the defendant failed to deliver 2 cartons of books worth Rs.40,000/- to M/s.,
Lakshmi Book House, at No.25, Kagalnagar, Mumbai-400015 and when the registered
notice was sent to the defendants at Chennai, within the jurisdiction of this Court.

6. The Plaintiff states that this Hon’ble Court has jurisdiction to try the suit as the place of
residence of the Plaintiff is Chennai and values the suit at Rs. 40,000/- and pays thereon a
Court Fee as per Section 24 of The Tamil Nadu Court Fees and Suits Valuation Act.

38
 7. The Plaintiff therefore prays for a Judgment and Decree against the Defendants:
i. For compensation of amount 80,000/-
ii. For Costs of the suit.
iii. For such other reliefs which the Plaintiff is entitled and which this Court
deems to be fit and proper in the interest of justice.

VERIFICATION

I, R. Bhaskar, son of N. Raja the Plaintiff above named, do hereby verify and state that the
allegations/averments set out in Paras 1 to 5 are based on knowledge, what has been stated in Para
6 is based on information and what has been stated in Para 7 is based on belief and that the same is
true.

Dated at Chennai this 14th Day of April 2016.

(Sd.)xxxxxxxx

Plaintiff

Signature Signature

(Advocate) (Plaintiff)

LIST OF DOCUMENTS-ORDER VII RULE 14(i), CODE OF CIVIL

PROCEDURE,1908

S.No Document Name Date

1. Forwarding Note 12.02.2016
2. Registered Notice to the Defendants 12.03.2016

39
 VALUATION

1. Valuation for the purpose of jurisdiction and Court Fees

for relief (a)
Principal amount : Rs 40,000/-
Interest : Rs.

Total :
2. Court Fees thereon under Section 22, read with Schedule I,
Article 1 of the Tamilnadu Court Fees and Suits Valuation Act,
Court Fees paid under Section 4A of the TamilNadu Court ----------
Fees and Suits Valuation Act
Balance of Court Fees payable ----------

Date this, the day of

Signature
Plaintiff

Signature
Counsel for Plaintiff

40
 INTERLOCUTORY APPLICATION FOR THE APPOINTMENT OF ADVOCATE
COMMISSIONER.

5. Mahesh and Rajesh were carrying on business in textiles at Gwalior from the year 2005 as a
Partnership firm. In the year 2010 differences of opinion regarding the manner of the conduct of
the business. Hence, Mahesh filed a suit for taking accounts of the firm and the suit is pending.
Mahesh now desires to file an application for the appointment of Advocate Commissioner to take
the accounts of the firm as on 31st Mar,2010. Draft the necessary Application and Petition for the
purpose.

INTERLOCUTORY APPLICATION

IN THE MUNSIFF COURT OF GWALIOR

I. A. No. 500/2016 in O.S. No.123/2023

BETWEEN

Mahesh …………..Applicant/ Plaintiff

AND

Rajesh ………….Defendant

PETITION FILED FOR THE APPOINTMENT OF ADVOCATE COMMISSIONER

UNDER ORDER XXVI RULE 9 OF C.P.C

I S. Mahesh, son of R. Suresh, aged 49 years, residing at 27, LEM Township, Gandhi Nagar,
Gwalior-320007 do hereby solemnly affirm and state as follows:

1. I state that I am the applicant in the above case and I am well acquainted with the facts of
the case.

2. I state that this application has been filed for the appointment of an Advocate Commissioner
for taking accounts of the Textile Partnership firm owned jointly in partnership by the
Plaintiff and the Defendant.

3. I state that I and the defendant have been carrying of business in Textiles in Gwalior from
the year 2005 as a partnership firm. But due to unforeseen circumstances difference of
opinion arose between us in the year 2010. Therefore, I filed a suit for taking accounts of
the firm and the suit is pending.

41
 4. I state that it is highly necessary in the interest of justice that an order for the appointment
of an Advocate Commissioner is issued by this honorable Court and a report is called for in
respect of the matters mentioned in the accompanying application.

5. I state that the local investigation and the report of the Advocate Commissioner are highly
necessary for the purpose of elucidating the above matters and for ascertaining the factum
of position of the Partnership firm and for the smooth conduct of the suit.

6. I state that if no commission is issued, it will cause serious and irreparable legal injury and
heavy financial loss to me.

7. I state that therefore, for the reasons stated above in the circumstances of the case and in the
interest of justice, it is fit and proper that the prayer contained in the application be granted.
The facts stated above are true to the best of my knowledge, information and belief.

Solemnly affirmed by me
On 30/04/2019

Advocate for the Petitioner (Signature of the applicant)

Surjith Choudary
Advocate

42
43