CODE OF CIVIL PROCEDURE

PSDA

GROUP 3 : Drafting of pleadings.

Anasuya Saranya R.
03910303817
5th Semester, 3-A
Amity Law School, Delhi.
DRAFTING OF PLEADINGS
 BEFORE THE COURT OF HON’BLE ADDITIONAL DISTRICT
JUDGE, DWARKA COURT, NEW DELHI

ORDINARY ORIGINAL CIVIL JURISDICTION

CS DJ xxxx/2019

IN THE MATTER OF :

Varun Agarwal .... Plaintiff

Vs

Uday Medicare Pvt. Ltd. ....Defendant

SUIT FOR RECOVERY OF RS 1.25 cr/- ALONG WITH AN

INTEREST OF 10% P.A .
Court Fee paid Rs.______/-

Most respectfully showeth:-

1. That the present suit is being filed under the specific provisions
under Order XXXVII of the Code of Civil Procedure, 1908.

2. That the plaintiff is a Doctor, residing at 332, XYZ Apartments,

Amar Colony, New Delhi, also, having his clinic at the same address,
which he had been running for the past thirty years, along with his
wife, Dr. Sumitra Agarwal.

3. That the defendant is a company, under the name and style of M/S
Uday Medicare Pvt. Ltd., engaged in the business of manufacturing
and supplying medical equipments, situated at 121, Block-D, Lajpat
Nagar, New Delhi, and the same business has been running for the
past 11 years.

4. That on the date of 21st September, 2018, the plaintiff, for the
establishment of his new clinic situated at B-1216, Safdarjung
Enclave, ordered certain medical testing and research equipments
from the defendant’s company, for a total consideration of amount of
Rs. 2.75 crores, out of which, the plaintiff paid a part payment of Rs.
1.25 crores as an advance to the defendant, following which, the
defendant had promised the plaintiff the delivery of his order a week
later, that is on the 28th September, 2018. The advance amount was
paid through a cheque, bearing the no .…., and the copy of the same
has been attested herewith, as ANNEXURE-A.

5. That on the date of 28th September, on not receiving his due

delivery from the defendant, the plaintiff had contacted the defendant
regarding the same, and on being asked, the defendant informed the
plaintiff regarding the delay of the delivery of his order, on the
grounds of some technical issues, and the same was promised to be
delivered on the date of 5th October, 2018.

6. That again, on the date of 5th October, 2018, the order remained
undelivered, and, the defendant remained unavailable to be contacted
by the plaintiff, for the next few days.

7. That on the date of 10th October, 2018, the plaintiff himself visited
the office of the defendant regarding the non-delivery of his order, and
finally being able to come across the defendant himself, the plaintiff
talked to him about the issue, wherein, the defendant defended his
stature stating some personal reasons, and asked for the further
extension of the delivery date, but the plaintiff denied and asked for
the refund of the amount already paid by him, to which, the defendant
agreed and asked for the time period of two days for the transaction to
be made, and the plaintiff agreed.
8. That on 12th of October, That the defendant issued the Cheque
bearing No….. dated ….. for the sum of Rs. 1.25 crores, drawn at
bank…., to the plaintiff towards the refund on the failure of delivering
the equipments ordered by the plaintiff. The copy of the cheque issued
by the defendant has been attested herewith, as ANNEXURE-B.

9. That the plaintiff presented the cheque through his own bankers, ie;
…., but the same was returned unpaid, on …. with the endorsement of
insufficiency of funds in the account of the defendant as per the
remarks of the banker of the defendant.

10. That other necessary particulars are as under for the convenience
of this Hon'ble court:-

(a) Date of cheque : _______

[b] Date of presentation : _______ of Cheque before the Bank (within

6 months from __)

[c] Date of dishonour of Cheque : _______

[d] Date of receipt of Memo of : _______ of dishonour of cheque

[e] Date of sending of Notice : _______ (within 30 days from __)

[f] Date of service of Notice : _______

[g] Date when cause of action : _______ arose (15 days after service
on __)

11. That the defendant has apparently issued the cheque without caring
to ensure adequate funds and knowing fully well with the ulterior
motive to cheat the plaintiff.

12. That the defendant has failed to make the payment of the amount
of money to the plaintiff.
13. That it is pertinent to mention here that the liability, for which the
cheque was issued by the defendant to the plaintiff is a legally
enforceable liability.

14. That the cause of action accrued to the plaintiff on ….., when the
cheque was dishonoured and thereafter on 9th November, 2018, when
the legal notice was sent to the defendant through Registered letter
and UPC.

15. That the plaintiff is permanently residing within the jurisdiction of

this Hon'ble court and all the correspondence from the defendants
were received at his home address and the office/residence of the
defendant is located in the territory of this Hon'ble Court, hence this
Hon'ble Court has each and every jurisdiction to try and entertain this
suit.

16. That no relief, which does not fall within the ambit of this rule, has
been claimed in the plaint.

17. That the value of the suit for the purposes of jurisdiction has been
fixed for Rs. 1.25 Crores with an interest of 10% p.a., and for the
purposes of recovery and correct and authorised court fee stamp of Rs.
…… has been affixed on the plaint.

18. It is, therefore, most respectfully prayed that a decree for recovery
to the effect that plaintiff is entitled to recover a sum of Rs. 1.25 crores
along with interest @ 10% p.a. w.e.f. …… till the date of realisation
of amount along with cost of this suit, be passed in favour of plaintiff
and against the defendants. Such other reliefs as deemed fit and proper
in the facts and circumstances of the case may also be passed in
favour of the plaintiff and against the defendants in the interest of
justice.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE

PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.
 PLAINTIFF
Through counsel

M/s ABCD Advocates & Legal Advisors,

1234, Defence Colony,
New Delhi- 110024
Phones: 011-XXXXXXXX, 011-XXXXXXX
abcdlawfirms@gmail.com

VERIFICATION:

Verified that the contents of Paras No…….. of the plaint are true and
correct to best of my knowledge and Paras No. ……… of the plaint
are true to best of my knowledge and belief.

Verified at New Delhi on ……..

PLAINTIFF
WRITTEN STATEMENT
 BEFORE THE COURT OF HON’BLE ADDITIONAL DISTRICT
JUDGE, DWARKA COURT, NEW DELHI

ORDINARY ORIGINAL CIVIL JURISDICTION

CS DJ xxxx/2019

In Re :

Varun Agarwal .... Plaintiff

Vs

Uday Medicare Pvt. Ltd. ....Defendant

Written statement on behalf the defendant

Most respectfully showeth

Preliminary objection

1. That the present suit filed by the Plaintiff is without any

reasonable cause of action and the action as alleged in the plaint
has never arisen in favour of the Plaintiff. Hence, the plaint of
the Plaintiff is liable to be rejected on this ground alone and as
such the same is liable to be dismissed under Order 7 Rule 11
CPC.

2. That the suit is not maintainable and liable to be dismissed as

even otherwise, the present suit is based on concealment and
misrepresentation of the facts and stands on false, frivolous and
baseless allegations and hence the present suit is liable to be
dismissed on the ground the same grounds.
3. That the suit of the Plaintiff is otherwise liable to be dismissed as
the present suit is filed on the basis of false and fabricated
documents having no evidentiary value. The answering
Defendant reserves his right to initiate proceedings under Section
340 of Cr.P.C., against the Plaintiff. The said averments have
been made by the Plaintiff in order to mislead this Hon'ble Court.
The Plaintiff made the said false averments intending that the
same may appear in evidence in the proceedings before this
Hon'ble Court and that the same may cause this Hon'ble Court to
entertain an erroneous opinion in respect of the same against the
Defendants as the same is one of the core point touching the
result of the present proceedings. Hence the Plaintiff has
committed an offence punishable under section 191/192 of IPC
and punishable under section 193 of IPC.

4. That the present suit is nothing but gross misuse of the

provisions of law and the same is liable to be dismissed with
exemplary costs.
5. That the Plaintiffs have not come to this Hon'ble Court with
clean hands and has suppressed material facts very much in his
knowledge, to file the present suit malafidely with the intention
to harass the Defendant. Therefore, the suit of the Plaintiff is
liable to be dismissed.
6. That the suit of the Plaintiff is not maintainable as the Plaintiff
have twisted concealed and distorted the true facts for the
purpose of achieving the desire illegal object.
Reply on merits :

1. That the contents of the paras 01-08 are not denied.

2. That the contents of para 09-13 are wrong, false and fabricated.
That it is specifically stated by the defendant, that the cheque
issued to the defendant was duly encashed by him, and the amount
so encashed was debited from the defendant’s bank account, and
there was no circumstance as described by the plaintiff of the
defendant’s cheque being dishonoured, and the documents
required to prove the same have been annexed herewith, as
ANNEXURE-A, and hence, the evidences provided by the
plaintiff, are utterly untrue.

3. The contents of the para 14 are not denied, and therefore, a legal
notice was indeed sent to the defendant without a reasonable
cause of action, and hence, no liability arises against the
defendant, and the legal notice sent by the plaintiff was based on
some utterly abominable lies.

That the prayer of the plaintiff is based on false averments and

hence denied. That the plaintiff is not entitled of decree of
declaration for liable to pay any amount of recovery & interest,
litigation cost for mental harassment.
Plaintiff is also not entitle for any recovery of amount Rs.1.25
crores.
 It is most respectfully prayed before this Hon’ble court that this
court may kindly dismissed the present suit.

DEFENDANT
Through counsel

M/s XYZ Advocates & Legal Advisors,

2233, Defence Colony,
New Delhi- 110024
Phones: 011-XXXXXXXX, 011-XXXXXXX
XYXLAWFIRMS@GMAIL.COM

VERIFICATION:

I, …….., the above named defendant company, do hereby verify

that the contents of para 1 to ……. are true and correct to my
knowledge and record and believed to be true and correct. Last para is
prayer to this Hon’ble Court.

Signed and Verified at Delhi on this day of ……, 2019.