PLAINT

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION NASIK

Summary Suit No. 1987
A son of B, aged about 50 years,
occupation business, residing at
7 Green Park, NasikPlaintiff
VERSUS
C son of D, aged about 40 years,
occupation service, residing at
5 College Street, Nasik..Defendant
The abovenamed Plaintiff' states as follows:
1. That the plaintiff is a money-lender and has been carrying on the business of money lending in
Nasik City, Nasik. the defendant is serving as clerk in 'Mathurs& Sons Pvt. Ltd. The plaintiff
knows the defendant for the last several years.
2. That the defendant on or about the. 15th day of.May 1984, approached the plaintiff for a sum of
Rs. 15000 which sum the defendant then needed for the purchase of a plot of land in the
suburbs of the city. The plaintiff agreed to lend and advance the said sum, at an interest of 12
per cent per annum to the defendant
3. That the plaintiff lent and advanced the said amount of Rs. 15000 to the defendant on or about
the 15th day of May 1984, and the defendant on the same day as and in way of collateral
security executed a promissory note for the said amount of Rs. 15000 at an interest of 12 per
cent per annum in favour of the plaintiff. A copy of the said promissory note is annexed hereto
and is marked as 'Exhibit A' to the plaint
4. That the plaintiff several times demanded the repayment of the said amount of Rs. 15000
together with the interest from the defendant but the defendant failed to repay the said amount
together with interest on one pretext or the other.
5. That the plaintiff finally called upon the defendant through his advocate's letter dated April 8,
1987 for the repayment of Rs. 21000 (Rs. 15000 the principal sum and Rs. 6000 interest
thereon at 12 per cent per annum from 15.5.1987), but the defendant failed and neglected to
return the said amount to the plaintiff and moreover he did not reply the plaintiffs advocate's
said letter. A copy of the said letter is annexed hereto and is marked as "Exhibit B" to the plaint.
6. That the plaintiff submits that the said amount of Rs. 15,000 was lent and advanced by the
plaintiff to the defendant at Nasik where the defendant executed the promissory note in favour
of the plaintiff, and the amount of Rs. 21,000 (Rs. 15,000 the principal sum and Rs. 6,000
interest thereon) is due and payable by the defendant to the plaintiff. The plaintiff and the
defendant reside in Nasik and the defendant usually works for gain at Nasik; thus the whole
cause of action has arisen within the jurisdiction of this Hon'ble Court and, therefore, this Court
has got jurisdiction to try and entertain this suit.
7. That the plaintiff values the suit at Rs. 21000 for the purposes of jurisdictionand the Court fees.
8. The plaintiff, therefore, prays that:
(a)The Hon'ble Court may be pleased to pass a decree of Rs. 21000 (Rs. 15000 the principal
amount and Rs. 6000 interest thereon from 15.5.84 to 30.4.87) against the defendant and in
favour of the plaintiff.

(b)The defendant be ordered to pay interest at the rate of 6 per cent per annum on the decretal
amount from the day of the institution of the suit until the satisfaction of the decretal mount
(c) The defendant may be ordered to pay the costs of the suit. Plaint drawn
Sd/-

sd/-

Plantiffs

Advocate

I, A son of B,the abovenamed plaintiff, do hereby declare and state that the contents of paras 1
to 5 of the plaint are true to my own knowledge and the contents of remaining paras of the plaint are
based on information received from my advocate and I believe the same to be true. Solemnly affirmed
as aforesaid at Nasik.This 14th day of May 1987.Interpreted and Identified by the
Sd/Advocate for the plaintiff
Before me

sd/Sd/Oath Commissioner.

List Of Documents
1. Exhibit A
2. Exhibit B
Written statement as and when it is ordered to be submitted by the defendant, the Court
may pronounce judgment against him, or grant further time, or make such other order in relation to the
suit as it deems fit under Order 8, rule 10 of the Code of Civil Procedure.2
Documents and Forum
1. List of documents (if he relies on certain documents in his
possession or power).1
2. Form of address.2
3. Power of attorney, (if the written statement is filed through the
Counsel).

A specimen form of written statement on the basis of hypothetical facts in plaint in a suit for
recovery of money due on a promissory note is as under:
Form of Written Statement of Plaint in Money Suit
1
2

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, NASIK S. Suit No. 37 of 1987
A, son of B, aged about 50 years, occupation business,residing
at 7 Green Park, Nasik .Plaintiff
VERSUS
C, son of D, aged about 40 years, occupation service,residing at 5 College Street, Nasik
..Defendant
Written Statement of the Defendant
1. With reference to the contents of para 1 of the plaint, the defendant admits that the plaintiff is a
money-lender, and hasbeen carrying on the business of money- lending; but the defendant
denies that the plaintiff has got any licence for the business of money lending. The defendant
puts the plaintiff to the strict proof that the plaintiff has got money-lending-licence. The rest of
the contents of para 1 of the plaint are correct and admitted by the defendant.
2. With reference to the contents of para 2 of the plaint, the defendant denies that he approached
the plaintiff on or about the 15th day of May 1984 or on any other date earlier or later for a
sum of Rs. 15000 or any part thereof as alleged in the plaint. The defendant, further, denies that
he ever needed a sum of Rs. 15,000 or any part thereof for the purchases of a plot of land in the
suburbs of the city. Further, the defendant denies that the plaintiff ever agreed to lend and
advance a sum of Rs. 15,000 or any part thereof at an interest of 12 per cent per annum to the
defendant as alleged in the plaint
3. With reference to the contents of para 3 of the plaint, the defendant denies that the plaintiff has,
actually lent and advanced the said amount of Rs. 15,000 or any part thereof to the defendant
on or about the 15th day of May 1984, or on any other subsequent date. The defendant, further,
denies that he executed a promissory-note and/ or pronote and/or receipt for the said amount of
Rs. 15000 or any part thereof at an interest of 12 per cent in favour of the plaintiff on or about
the 15th day of May 1984 oron any subsequent date. The defendant submits that he took a
friendly loan of Rs. 500 (Five hundred) only from the plaintiff in the year 1982 and for the
repayment of the said amount the plaintiff obtained the signature of the defendant on a blank
piece of paper which has maliciously and dishonestly been converted into promissory note of
Rs. 15000 by the plaintiff. The defendant submits that the friendly loan of Rs. 500 has already
been returned to the plaintiff during the year 1982. The defendant further submits that while
the defendant was returning the said amount of Rs. 500 to the plaintiff he demanded of and
from the plaintiff to return the defendant's signature taken on a blank piece of paper, the
plaintiff stated that he was not aware of any such signature, and if at all, was not in the custody
and possession of the plaintiff.
4. The defendant denies the contents of para 4 of the plaint The defendant says that the defendant
is neither liable to pay to the plaintiff the amount of Rs. 15000 and interest thereon nor any part
thereof. The question that the defendant failed to return the amount of Rs. 15,000 and its
interest to the plaintiff on one pretext or the other does not arise.
5. With reference to para 5 of the plaint, the defendant denies the contents thereof and says that
the plaintiffs advocate's letter dated April 15, 1987 has been replied by the defendant through
his advocate's letter dated April 25, 1987; and a copy of the said letter is annexed hereto and is
marked as "Exhibit A" to the written statement.
6. With reference to para 6 of the plaint, the defendant denies that the plaintiff lent and advanced
the said amount of Rs. 15000 or any part thereof to the defendant at Nasik or at any other place
and the defendant executed a promissory note and/or receipt thereof in favour of the plaintiff at

Nasik or at any other place or places. The defendant, further, denies that the amount of Rs.
21000 (Rs. 15000 the principal amount and Rs. 6000 interest thereon) or any part thereof is due
and payable by (he defendant to the plaintiff.
7. In the aforesaid circumstances, the defendant submits that no cause of action has accrued to the
plaintiff against the defendant; and thus the plaintiffs suit is false, frivolous and unfounded and
is liable to be dismissed with costs.

Written statement drawn by

sd/Defendant's Advocate

Sd/Dependent

I, C son of D, the abovenamed defendant to hereby solemnly state and declare that the
contents of paras 1 to 7 of the written statement are true to my own knowledge. Solemnly affirmed as
aforesaid at Nasik.This 15th day of My 1987 Interpreted and identified by me.
sd/Advocate for the defendant
Before me
sd/(Oath Commissioner)

sd/Defendant

List of Document
Exhibit "A".

Application for appointment of Receiver

IN THE COURT OF SENIOR SUBODINATE JUDGE, AMBALA

Q
P

Application Noof 1987

In
Civil suit No. 295 of 1987
Plaintiff/Applicant
V.
Defendant/Opponent

Application under O. 40, rr. 1-2

The abovenamed plaintiff submits as under:
1. That the plaintiff has filed the above suit against the defendant to enforce the mortgage and for
foreclosure and sale of the house of the defendant mortgaged to the plaintiff.
2. That the defendant is not keeping the mortgaged-property in a tenantable condition and has caused
damage to the said property by neglecting to carry not huge repairs.
3. That the defendant is collecting advance rents from the tenants to put the present plaintiff to substantial
loss.
4. That the plaintiff apprehends that he will not be in a position to recover his dues of Rs. 16,000 with cost
and interest on the sale of the mortgaged-property.
5. It is, therefore, just and convenient to appoint a receiver of the mortgaged-property with direction to
take possession and to collect rents from the tenants during the pendency of this suit.
6. The plaintiff therefore prays that a fit and proper person may be appointed as a receiver of the house
described in the plaint and he may be ordered to take possession of the said house from the defendant
and collect rents from the tenants during the pendency of the suit. The Court may pleased to issue such
further and other direction as it may deem fit and proper in the circumstances of this case.
This 7th day of December, 1987
Sd/-

Plaintiffs Advocate

Application for issue of Commission

Exercise

Sd/-

Plaintiff

X has a suit Y in Ahmedabad for recovery of specific movable properties and a sum of Rupees
Fifteen Thousand In cash. Z is an important and material witness who could to his own
personal knowledge depose to certain events relevant in the suit. Z resides, and carries on
business and works for gain in Calcutta. X therefore desires a commission to be issued to
examine Z. Draft the necessary application on behalf of X

X..
Y.

IN THE CIVIL COURT AT AHMEDABAD

Appn. No..of 1988
In
Civil suit No. 389 of 1987
Plaintiff/Applicant
v.
Defendant/Opponent

Application under O. 26 r. 4(2), C.P.C.

The humble petition of the above named plaintiff is as under:
1. The plaintiff has filed, the present suit for the recovery of some ornaments and a sum of Rs.
15,000 from the defendants, and the said suit fixed for hearing on 14th of March, 1988.
2. Z is an important and material witness in this case, as he knows certain matter and events
relevant in the suit. He was in the company of the plaintiff and defendant for a number of
months when material incident in the present suit took place.
3. The said witness Z however resides and carries on business at Calcutta since the last four
months and more, beyond the local limits of the jurisdiction of the Court. It is, therefore, in
the interest of justice that Z be examined on commission at Calcutta.
4. The plaintiff, therefore, prays that a commission may kindly be issued to the Principal
Judge of the City Civil Court at Calcutta for examining Z on commission.
5. The plaintiff has filed his affidavit along with this application and is ready to deposit in the
Court the necessary expenses of commission as ordered by the Honable Court.
This day of February 1988 at Ahmedabad.
Sd/Plaintiff Advocate

Sd/Plaintiff

Note: File affidavits of the applicant in support of this Application.

Petition for Judicial Separation under Section 10 of the Hindu

Marriage Act, 1955
IN THE COURT OF THE DISTRICT JUDGE.
Petition No. of 19..
P.
Petitioner.
v.
R..
Respondent

Petition under Section 10 of the Hindu Marriage Act, 1955.

The Petitioner above-named states as follows:
1. That the petitioner was married to the respondent on the .. day of .198
according to Hindu vedic rites at The said marriage has not been registered with the Registrar
of Marriages.
2. That before and after the marriage the petitioner and the respondent were and are Hindis by religion and
are domicile of Maharashtra.
3. That before the marriage, the petitioner was a spinster aged about 22 years, and the respondent was a
bachelor aged about 25 years.
4. That since the solemnization of the said marriage and upto.. day.1987, the petitioner
and the respondent lived and cohabited together was wife and husband at.
5. That by the said marriage the petitioner and the respondent have had one son named aged about
two years. The said son lives with the petitioner.
6. That since the day of..1987, the respondent has on several occasions abused the
petitioner in the presence of the petitioners father and the respondent expelled the petitioner from the
marital home on the ..day of .. 1987 and since then the petitioner has been residing with her
parents at The petitioner did her best to live and cohabit with the respondent, but the
respondent is not talking the petitioner to the marital home.
7. That since the ..day of ..1987 the respondent gas deserted the petitioner without any reasonable
cause and since then the respondent has been living at separately even from his parents.
8. That the respondent is having the relation of sexual intercourse with of and the petitioner
has come to know of the same on the . Day of .1987 from several women of the locality.
The petitioner craves leave of the Honourable Court to refer to and rely upon their oral evidence
whenever necessary. The petitioner has not in any manner been accessory to or connived at, or
condoned such act of the respondent.
9. The respondent mischievously and maliciously charged the petitioner of committing adultery, abused
her in different way and treated her with such cruelty as to cause a reasonable apprehension in the mind
of the petitioner that it will be harmful or injurious for the petitioner to live with the respondent.
10. That there is no collusion with the respondent in presenting this petitioner. The petition is being filed
without any necessary or improper delay.
11. That the said marriage was solemnized at. And the petitioner and the respondent have been
residing at.. which is situated within the ordinary local limits of this Court,
therefore, this Honble Court has got jurisdiction to try and entertain this petition.
12. That the national value of the petition is Rs..; and the Court fees stamp of the fixed
amount has been affix hereon for the purpose of jurisdiction and Court fees.
The petitioner, therefore, prays that:
(a) That Honable Court may be pleased to passed to pass a decree of judicial separation on favour of
the petitioner and against the respondent.
(b) The Honble Court may be pleased to grant the maintenance pendent lite at the rate of Rs. 500 p/m
in favour of the petitioner.
(c) The respondent by ordered to pay the costs of this petition to the petitioner.
Petition drawn by
Sd/Sd/Petitioner
Petitioners Advocate.
I,.. the above-named petitioner residing as above, do hereby solemnly state and
declare that the contents of paras 1 to 10 of this petition are true to my own knowledge; and the
contents of the remaining paras are based on information received from my advocate and I believe
the same to be true. I say that nothing has been concealed and/or suppressed.

Thisday of ..1987
Interpreted and identified by
Sd/Petitioners Advocate

Sd/Petitioner

Before me
Sd/(Oath Commissioner)

Joint Petition for Divorce by Mutual Consent.

IN THE COURT OF THE DISTRICT JUDGE, DELHI
M.J. Petition No..of 19..
A son of B, aged about 30 years,
Residing at Delhi occupation..
And
X wife of A, aged about 28 years,
Residing at ..Delhi, occupation..
.Petitioners
Petition for the divorce by mutual consent under Section 28 of the Special
Marriage Act, 1954,
The Humble Petition of the Petitioners abovenamed:
1. That on 2nd May, 19.. the First Petitioner, a Hindu by religion, was lawfully married to
the Second Petitioner, a Christian by religion, under the provisions of the Special
Marriage Act, 1954, at Delhi. Hereto annexed and marked Exhibit A is a copy of the
Marriage Certificate dated 2 nd May, 19.. evidencing the said marriage between the
Petitioners.
2. That after the said marriage, the Petitioners co-habited at the First Petitioners house.
However, within a year after the said marriage, constant quarrel and altercations began to
take place between the Petitioner; and ultimately, on or about the 10 th day of April, 19
the Second Petitioner left the First Petitioners home, and went to reside separately at
.Delhi, Where the Second Petitioner still continues to reside at on the date of this
petition. The Petitioners submits that in the circumstances the Petitioners have been living
separately for a period of more than one year.
3. That the Petitioners say and submits that they not been able to live together and they have
mutually agreed that their said marriage be dissolved by his Honble Court.
4. That there are no issues of the said marriage between the Petitioners.
5. That there is no collusion or connivance between the petitioners in the filing of the
Petition.
6. That the Petitioners were married in Delhi and last cohabited in Delhi at..which is
within the territorial limits of this Court, therefore, this Honble Court has jurisdiction to
entertain, try and dispose of this petition.
7. No other proceedings with respect to the marriage between the Petitioners have been filed
in this Honble Court or in any other Court of India.
8. The petitioners have paid the fixed Court fees of Rs..on this Petition.
9. The Petitioners will rely on documents a list whereof annexed hereto:

The Petitioners, therefore, pray:

(a) That this Honble Court be pleased to decree a dissolution of the marriage between the
Petitioners; and
(b) For such further and other reliefs as the nature and circumstances of the case may require.

Petition drawn by
Sd/Advocate for Petitioners

Sd/- (A)
Sd/- (X)
Usual Verification etc.

List of documents.