DRAFTING ASSIGNMENT

Submitted by

Sundram Joshi

Division- B, PRN- 18010224110, 2018-23

Of

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In

August, 2021

Under the guidance of

Ms. Sanjana Bali

Co- Faculty, Symbiosis Law School, NOIDA

1
 CERTIFICATE

The project entitled “Drafting Assignment” submitted to the Symbiosis Law School,
NOIDA for Civil Procedure Code as part of Internal assessment is based on my original
work carried out under the guidance of Ms. Sanjana Bali in August,2021. The research
work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in this submission has
been duly acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism,
if any, detected, later on.

Signature of the candidate:

Date: 16/08/21

2
 DRAFTING QUESTION

Mega Homes a developer having its head office at Delhi is building a township on NH
1 in District Kurukshetra. Raghav is an employee with a Delhi based law firm and plans
to invest in a Villa in the township being built by Mega Homes. Raghav contacts Mega
Homes and is informed that a Villa will cost him 1.5 Crores and Raghav will have to
pay 10 Lacs as earnest Money at the time of booking of the Villa. Raghav agrees to
this stipulation and signs the contract with Mega Homes at their site office at the
proposed township, a receipt is issued to him against the earnest money received and
possession is promised within three years. In the meantime, Raghav is expected to
raise a loan and pay 80% of balance cost towards the Villa within two months of the
deposit. Raghav is unable to raise a loan because he is informed that the project is
not approved by the authorities. After two and half months of depositing the earnest
money, Raghav receives a letter of cancellation and forfeiture of Earnest money from
Mega Homes. Raghav is shocked at the contents of the letter and contacts the
management of Mega Homes but does not receive any response from them. Raghav
wants to file a suit for recovery against Mega Homes along with damages and
compensation. Determine the suit amount and draft the suit along with a list of
necessary documents for filing in the appropriate jurisdiction and indicate the
necessary court fees.

3
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE

DISTRICT AND SESSION COURT, KURUKSHETRA: HARYANA

CIVIL SUIT NO. 12345 OF 2021

IN THE MATTER OF

MR. RAGHAV SINGH …. PLAINTIFF

VERSUS

MEGA HOMES PVT. LTD. ….. DEFENDANT

INDEX

S. NO. PARTICULARS PAGES

1. Memo of Parties 5-6
2. Suit for Recovery 7-13
3. Affidavit in support of the 14
plaint
4. List of Documents 15-17
5. Vakalatnama 18-20

Haryana

Dated: 20 Sept, 2021

PLAINTIFF

THROUGH

(SUNDRAM JOSHI)

ADVOCATE

COUNSEL FOR THE PLAINTIFF

CH. NO. B-111, F.F., ABC BLOCK

KURUKSHETRA COURT, HARYANA – 136038

4
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE

DISTRICT AND SESSION COURT, KURUKSHETRA: HARYANA

CIVIL SUIT NO. 12345 OF 2021

IN THE MATTER OF

MR. RAGHAV …. PLAINTIFF

VERSUS

MEGA HOMES ….. DEFENDANT

MEMO OF PARTIES

MR. RAGHAV SINGH

S/O SHRI ARVIND SINGH

R/O B-2/122,

JANAKPURI

NEW DELHI – 110058 ……………..PLAINTIFF

VERSUS

1. MEGA HOMES PVT. LTD.

THROUGH ITS DIRECTOR/AUTHORISED SIGNATORY,
B-BLOCK, COMMUNITY CENTRE,
PANKHA ROAD, JANAKPURI,
NEW DELHI – 1100058

2. MEGA HOMES PVT. LTD.

THROUGH SHRI SURESH SINGH
A-BLOCK, KRUKSHETRA,
HARYANA – 136038 …………….DEFENDANT

5
Haryana

Dated: 20 Sept, 2021

PLAINTIFF

THROUGH

(SUNDRAM JOSHI)

ADVOCATE

COUNSEL FOR THE PLAINTIFF

CH. NO. B-111, F.F., ABC BLOCK

KURUKSHETRA COURT, HARYANA – 136038

6
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE

DISTRICT AND SESSION COURT, KURUKSHETRA: HARYANA

CIVIL SUIT NO.12345 OF 2021

(UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)

IN THE MATTER OF:

MR. RAGHAV SINGH

S/O SHRI ARVIND SINGH

R/O B-2/122,

JANAKPURI

NEW DELHI – 110058 …………....PLAINTIFF

VERSUS

1. MEGA HOMES PVT. LTD.

THROUGH ITS DIRECTOR/AUTHORISED SIGNATORY,
B-BLOCK, COMMUNITY CENTRE,
PANKHA ROAD, JANAKPURI,
NEW DELHI – 1100058

2. MEGA HOMES PVT. LTD.

THROUGH SHRI SURESH SINGH
A-BLOCK, KRUKSHETRA,
HARYANA – 136038 …………….DEFENDANT

7
SUIT FOR RECOVERY OF RS. 10,00,000/-(RUPEES TEN LAKH ONLY)
ALONGWITH WITH DAMAGES AND COMPENSATION

VALUE OF SUIT: RS. 10,00,000/-

COURT FEE: RS. 58,800/-

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is the law abiding citizen and is residing at the above
mentioned address with his family members.

2. That the defendants are carrying the business of properties/Real estates and
construction of buildings and other construction activities etc.

3. That the defendants have extracted a huge amount of RS. 10,00,000/-(Ten

lakh only) from the plaintiff by showing rosy picture, inducing the plaintiff to
enter the deal as token amount for a villa in NH1 township in kurukshetra to
be constructed by the Defendant No. 1 and Defendant No. 2 proclaiming that
the defendant no. 1 is sole, absolute and exclusive owner in possession of the
said villa. The defendant further assured that the plaintiff that the said property
is free from all sorts of encumbrance, disputes, litigations liens charges, dues
etc. and the defendant will show/hand over the copies of the entire documents
of title, requisite prior approvals of sanction of said property from all
concerned authorities, etc. It was further assured by the defendant that the
deal in respect of the said property was finalized in RS. 1.5 crores (One Crore
fifty lakhs only). Plaintiff raised a House Building loan for Rs. 1,40,00,000/-
(One Crore fourty Lakhs) From Axis Bank for further payment towards the
property which was rejected as the project was unauthorized.

4. That Believing on the assurance, allurement, inducement of the defendants,

the plaintiff agreed to invest in their NH1 township project In Kurukshetra,
Haryana. Thus, the defendants succeeded in their illegal and malafide
8
 motives of inducements and demands and defendant received a total sum of
Rs. 10,00,000/- (Rupees Ten lacs only) from the plaintiff on 20.05. 2021 vide
cheques cheque No. 123456 dated 20.05.2021, drawn on axis bank,
Kurukshetra branch, against the token money/part payment for settlement of
said property at NH-1 township Kurukshetra, Haryana, as initial token
amount/part payment in respect of finalisation /settlement of dealing of the
abovesaid property to be constructed by Defendant No. 1 in Kurukshetra, and
the defendants extracted the same amount from the plaintiff and paid by the
Plaintiff in good faith, believing their assurance as true and correct.

5. That Later on the plaintiff again visited the site office in Kurukshetra of
Defendant No. 2 and enquired about the documents which the defendant
promised to handover soon, but the defendant started lingering on the same
on one pretext or the other. On the one hand the defendant failed to provide
the copies of abovesaid title document/sanctions/approvals of the concerned
local bodies and authorities, in order to enable Plaintiff to arrive at a
contract/agreement in respect of sale/purchase of the abovesaid property with
defendant No. 2, the defendants in order to grab/usurp the hard earn money
of the Plaintiff issued a manipulated, false and baseless letter dated
05.08.2021 of the forfeiture of the token money and cancellation of
agreement/contract.

6. That on receipt of the said letter dated 05.08.2021 when the plaintiff again
visited the defendant No. 2 site office and requested to either supply the
copies of the abovesaid title/document/approvals/sanction or to return the
token money amount, initially the defendant lingered on the matter and lastly
defendant gave assurance that the Plaintiff will be given a refund within a
week which Plaintiff had given in good faith.

7. That subsequently, as and when the Plaintiff several times visited the office of
the defendant No. 2 to get back the abovesaid amount, the Defendant no. 1
further started lingering on the matter by taking one and another false
9
 excuses and later on by hatching a pre-planned conspiracy, in order to
grab/upsurb the said token money of Plaintiff, got issued the abovesaid letter
dated 05.08.2021 therby forfeiting the amount and cancelling the
agreement/contract. When Plaintiff also visited the Defendant No. 1 and
brought intimation about the letter issued by the Defendant No.2, the
Defendant No. 2 also supported the said illegal act of the Defendant No. 2,
which smacks that both the defendants are in active collusion and connivance
with each other and in a pre-planned hatched conspiracy the defendants
duped the Plaintiff and attempting to embezzle the hard earn money of the
Plaintiff.

8. That the Defendants by giving false assurance, inducements,

misrepresentation and allurement, have not only cheated the Plaintiff but also
caused wrongful losses to him and wrongful gain to themselves. The
defendants have breached the trust of Plaintiff, which caused serious mental
and physical agony to the Plaintiff. By the said act of the defendants, Plaintiff
suffered heavily on monetary and mental front.

9. That the Defendants have dishonestly misrepresented to the Plaintiff to invest

his hard earn money in their NH-1 township project and failed to supply the
documents of tittle, approvals, sanctions, etc. to enable Plaintiff to finalise the
deal/contract/agreement and by inducement and allurement the defendants
fraudulently extracted the abovesaid token amount of Rs. 10,00,000/- with the
assurance to adjust the same after entering into the final deal.

10. That the Defendants have failed to fulfill the assurances and thus the
Defendants are guilty of criminal breach of trust. By their abovesaid acts and
misdeeds, the Defendants made themselves solely responsible for the mental
and physical agony suffered by him as well as his family members, he also
suffered financial loss suffered by the Plaintiff. The defendants firstly induced
the Plaintiff part his money in respect of villa in Kurukshetra, Haryana and
thereafter failed to fulfill their part of providing the abovesaid documents which

10
 the defendants have promised to provide to the Plaintiff and thereafter the
Defendants further failed to arrive at the dealing as promised.

11. That the Plaintiff send a detailed Reply -Cum- Legal Notice dated 14.08.2021
through his counsel by the way of Registered post and courier, to the
Defendants no. 1 and no. 2 to the abovesaid false, vague and baseless
cancellation by the Defendant no. 2 which was duly served by the
Defendants, but despite services of the said reply-cum-legal notice, the
Defendants neither complied with the requisites of the legal notice nor replied
the same. Hence, should be made liable to pay Rs. 10,00,000/- (Rupees Ten
Lakh only) alongwith interest @24% per annum till its realization.
12. That the cause of action arose for filing the present suit in favour of the
Plaintiff and against the Defendants when they induced him to invest in their
project. It further arose when defendants succeeded in their illegal and
malafide motives of inducement and demands and the defendants received
total a sum of Rs. 10,00,000/- (Ten Lakhs only) from the Plaintiff. It further
arose on each and every date when Plaintiff time and again visited the offices
of defendants and enquired about the abovesaid documents. It further arose
when after receiving the letter of cancellation and forfeiture of token money
Plaintiff visited the defendant No. 2 office and enquired about the same. It
further arose when seeing no option plaintiff sent Reply –cum- legal notice to
the defendants but despite services of the said reply-cum-legal notice, the
Defendants neither complied with the requisites of the legal notice nor replied
the same. The cause of action is continuous as the Defendant has failed to
pay the abovesaid amount.

13. That the casue of action arose in Haryana, and the Defendant No.2 have a
site office in Kurukshetra, Harayana. Property is situated in Harayana and
receipt of the token money was issued in Haryana site office. All cause of
action arose in Haryana is within the territorial jurisdictions of this Hon’ble
Court, hence this Hon’ble Court has the jurisdiction to try and adjudicate the
present suit.

11
 14. That the Value of the suit for the purpose of the court fee is Rs. 10,00,000/- on
which the requisite court fees of Rs. 58,800/- has been affixed on the plaint.

15. That the suit is within the period of limitation.

PRAYER

Under these circumstances and submissions made hereinabove, it is most respectfully

prayed that this Hon’ble Court may be pleased to:-

a) pass a decree of Rs. 10,00,000/- (Ten lakhs only) in favour of the Plaintiff
against the Defendants;
b) allow interest @24% per annum from the date of filing of the suit till actual final
realization; and
c) allow the costs of the suit and other expenses incurred during the proceedings
of the suit to the plaintiff and against the defendants;
d) pass any other relief(s) which this Hon’ble Court may deems fit and proper in
favour of the Plaintiff and against the Defendants.

Haryana

Dated: 20 Sept, 2021

PLAINTIFF

THROUGH

(SUNDRAM JOSHI)

ADVOCATE

COUNSEL FOR THE PLAINTIFF

CH. NO. B-111, F.F., ABC BLOCK

KURUKSHETRA COURT, HARYANA – 136038

12
VERIFICATION:

Verified at Haryana on this 20 day of September, 2021 that the contents of the para
1 to 13 of the Plaint are true and correct to my knowledge and those of the paras 14
to 15 of the plaint are true on the legal basis of legal information received and
believed to be true. Last para is prayer to this Hon’ble Court.

PLAINTIFF

13
 IN THE HON’BLE COURT OF SENIOR CIVIL JUDGE

DISTRICT AND SESSION COURT, KURUKSHETRA: HARYANA

CIVIL SUIT NO. 12345 OF 2021

IN THE MATTER OF

MR. RAGHAV ….…. PLAINTIFF

VERSUS

MEGA HOMES ………. DEFENDANT

AFFIDAVIT

AFFIDAVIT OF Mr. Raghav Singh S/o Shri Arvind Singh R/O B-2/122,

Janakpuri, New Delhi – 110058

I, the above named deponent, do hereby solemy affirm and state as under:-

1. That I am the Plaintiff in the above noted case and I am well conversant with
the facts and circumstances of the case and I am competent to swear the
affidavit.
2. That I have gone through the contents of the accompanying suit for recovery
which has been drafted by my counsel under my instructions and the
averments made therein read over to me in my cernacular and the same are
true and correct to my knowledge.
3. That the contents of the same may be read as part and parcel of this affidavit
and are not being reproduced herein for the sake of brevity.

Deponent

Verification

Verified at Haryana on this 20 day of September, 2021 that the facts stated in the
above affidavit are correct and true to my knowledge and nothing material has been
concealed therefrom.

Deponent

14
 List of Documents

List of Document Produced by Plaintiff / Defendant under Order XIII of

Civil Procedure Code

In the Court of Suit No. 12345 of 2021

Mr. Raghav Singh ……………………….Plaintiff

Versus

Mega Homes Pvt. Ltd ………………………Defendant

List of Documents produced with the plaint (or at first Hearing on behalf of the

Plaintiff or Defendant)

1 2 3 4 6
Sr. Description That the What become of the document Remarks
and date if Document If brought on If rejected date
No.
any of this the record. of return to the
is
document Exhibit mark party and
intended
put on the signature of
to prove
document party, or
pleader to
whom the
document was
returned

15
1. Copy of
legal notice
dated
14.08.2021

2. Photocopy
of the
Sending of
receipt of
registered
AD. via post
office dated
05.06.2021

3. Photocopy
of Cheque
dated
20.05.2021

4. Photocopy
of receipt
issued by
the Mega
Homes Pvt.
Ltd. for
booking villa.

5. Photocopy
of Letter of

16
 Cancellation
dated
06.08.2021

6. Photocopy
of Loan
application
rejected on
ground of
unauthorized

7. Photocopy
of court fees
receipt

Signature of party or pleader producing the list.

17
 VAKALATNAMA

IN THE COURT OF SENIOR CIVIL JUDGE

Suit/Appeal No. 12345 JURISDICTION OF 2021

In re:-

Mr. Raghav Singh… Plaintiff(s)/ Petitioner(s)/Complainant/Appellant

VERSUS

Mega Homes Pvt. Ltd…. Defendant (s)/ Respondent(s) / Accused

Know all to whom these Present shall come that I/we Mr. Raghav Singh S/o Shri
Arvind Singh R/O B-2/122, Janakpuri, New Delhi.

The above named Plaintiff do hereby appoint Sundram Joshi, Advocate, CH. NO.
B-111, F.F., ABC BLOCK, KURUKSHETRA COURT, HARYANA – 136038

(herein after called the advocate/s) to be my / our Advocate in the above – noted
case authorize him:-

1. To act, appear and plead in the above-noted case in this court or in

any other court in which the same may be tried or heard and also in
the appellate court including High Court subject to payment of fees
separately for each court by me/us.

2. To sign file, verify and present pleadings, appeals cross-objection or

petitions for executions review, revision, withdrawal, compromise or
other petitions or affidavits or other documents as may be deemed
necessary or proper for the prosecution of the said case in all its stages
subjects to payment of fees for each stage.

18
3. To file and take back documents, to admit and/or deny the documents
of opposite party.

4. To withdraw or compromise the said case or submit to

arbitration any differences of disputes that may arise
touching or in any manner relating to the said case.

5. To take execution proceedings on paying separate fee.

6. To deposit, draw and receive money, cheques, cash and

grant receipts hereof and to do all other acts and things which
may be necessary to be done for the progress and in the
course of the prosecution on the said case.

7. To appoint and instruct any other Legal Practitioner

authorizing him to exercise the power and authority hereby
conferred upon the Advocate whenever he may think fit to do
so and to sign the power of attorney on our behalf.

8. And I/we undersigned to hereby agree to ratify and confirm

all acts done by the Advocate or his substitute in the matter
as my/our own acts, as if done by me/us to all intents and
purpose.

9. And I/we undertake that I/We or my/our duly authorized agent

would appear in court on all hearings and will inform the
Advocate for appearance when the case is called.

10. And I/We undersigned do hereby agree not to hold the advocate or his
substitute responsible for the result of the said case. The adjournment
costs whenever ordered by the court shall be of the Advocate which
he shall receive and retain for himself.

19
 11. And I/we undersigned do hereby agree that in the event of the whole
or part of the fee agreed by me/us to be paid to the advocate remaining
unpaid he shall be entitled to withdraw from the prosecution of the said
case until the same is paid up. The fee settle is only for the above case
and above Court. I/We hereby agree that once the fee is paid, I /We
will not be entitled for the refund of the same in any case whatsoever
and if the case prolongs for more than 3 years the original fee shall be
paid again by me/us.

IN WITNESS WHERE OF I/We do hereunto set my/our hand to these

presents the contents of which have been understood by me/us on this 16 Day of
September 2021 Accepted subject to the terms of the fees.

Advocate Client Client

20