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IN THE COURT OF DISTRICT JUDGE, NEW DELHI

SUIT NO 166/2020

IN REF:-

Mr A Vs Mr C

INDEX

S.NO PARTICULARS PAGE NO

.
1. Memo of Parties
2. Original Money transferred cheque
3. Copy of legal notice dated
4. Plaint along with Affidavit
5. Any other document with the kind permission of the
Hon’ble Court

Plaintiff

Through

Advocate for the plaintiff

Dated: 15/03/2020

New Delhi
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IN THE COURT OF DISTRICT JUDGE, NEW DELHI

SUIT NO 166/2020

IN REF:-

Mr A Vs Mr C

MEMO OF PARTIES

Mr A S/O Mr B

R/O XXXXXX

New Delhi

…………….Plaintiff

VERSUS

Mr C S/O Mr D

R/O XXXXXX

New Delhi

……………Defendant

Plaintiff

Through

Advocate for the Plaintiff

Dated: 15/03/2020

New Delhi
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IN THE COURT OF DISTRICT JUDGE, NEW DELHI

SUIT NO 166/2020

(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1980)

IN REF:

Mr A S/O Mr B

R/O XXXXXX,

New Delhi

…………………Plaintiff

Versus

Mr C S/O Mr D

R/O XXXXXX

New Delhi

………………..Defendant

SUIT FOR RECOVERY OF RS.12,80,000/-(TWELVE LAKH EIGHTY THOUSAND ONLY)

UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE,1908

Sir,

It is submitted as under:-

1. The plaintiff and the defendant were very good and close friends for many years and they both had
a very cordial relationship with each other.
2. Because of their friendship defendant demanded some money from the plaintiff in lieu of property
bearing H.NO.47, New Delhi whose area is 70 square yard and it is vacant plot situated on the
above mentioned address which is Annexure A.
3. Both the plaintiff and defendant agreed on the agreement for Rs.12,80,000/- and on 18/12/2019 the
plaintiff transferred the amount of Rs.11,000 and on 24/12/2019 he transferred Rs.29,000/-, on
26/12/2019 he transferred Rs.50,000/-, on 27/12/2019 he transferred 1,50,000/- and again on
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28/12/2019 he transferred 1,62,000/- to the defendant as earnest money and certain payment
amount after the earnest money of the above mentioned property to the defendant which is
Annexure B.
4. Both the plaintiff and defendant agreed to terms and conditions and then the defendant agreed to
transfer the documents in plaintiff’s name until dated 20/01/2020.
5. If the defendant failed to do so than the defendant has to pay double the amount of earnest money
that is Rs.4,80,000/- to which both the plaintiff and defendant has agreed which is Annexure C.
6. Later the plaintiff transferred Rs.4,37,000/- to the defendant’s bank account.
7. Defendant failed to keep up his promise to plaintiff even after the repeated calls from plaintiff.
8. Cause of action: For this suit arose on 18/12/2019 at New Delhi within the jurisdiction of this
Honorable Court.
9. And the Court Fee paid Rs. 1,48,368/-
10. That the Honorable Court is competent to try the present suit as the Branch office of the plaintiff
through which the transactions are done is situated in its territorial jurisdiction. In the facts and
circumstances of cases mentioned herein above this Honorable Court may graciously be pleased
to.
PRAYER
a) It is, therefore, prayed that the Honorable Court may be pleaded to pass judgement and decree
against the defendant and in favor of the plaintiff.
b) Directing the plaint defendant to pay the plaintiff the sum of Rs.12,80,000/- along with the
amount he agreed to pay if he failed the contract as shown in Annexure C
c) Awarding the plaintiff the cost of this suit and
d) Passing such further or other order as the Honorable Court may deem fit and proper in the
circumstances of the case.

Plaintiff
Through
Advocate for the Plaintiff
Date: 15/03/2020
New Delhi
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VERIFICATION

Verified at Delhi on this 15 day of March 2020 that the contents of Para no 1 to 7 of the plaint
are correct to the knowledge of the plaintiff and the contents of pare no 8 to 10 of the plaint are
correct on the basis of information received and believed to be true.
Last Para is a prayer clause to this Honorable Court.
Plaintiff

IN THE COURT OF DISTRICT JUDGE, NEW DELHI

SUIT NO 166/2020

IN REF:-
Mr A Vs Mr C

AFFIDAVIT IN SUPPORT OF PLAINT

I, Mr A S/o Mr B R/o XXXXX, New Delhi, do hereby solemnly affirm and declare as under:-
1. That the deponent is the plaintiff in the above said case and is well conversant with the facts
of the case as has been submitted in the plaint.
2. That all the facts as has been submitted in the plaint are correct and true and the same has
been got typed by my counsel upon my instruction and nothing has been concealed
therefrom. That the contents of the plaint may please be read as part of this affidavit which
are not being repeated herein for the sake of brevity.
DEPONENT
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VERIFICATION

I, Mr A, do hereby verify on this 15 day of March 2020 that the contents of the above said
affidavit are true and correct to my knowledge and information and nothing material has
been concealed therefrom.
DEPONENT