Annexure-V- Cover Page for Academic Tasks

Course Code: LAW440 Course Title: Mock Trial Civil Litigation

Course Instructor: Vanshika Premani Section – L1902

Academic Task No.- 2 Academic Task Title: Assignment

Date of Allotment: 29th October, 2022 Date of submission: 11th November, 2022

Student’s Name: Aman Kathuria Student’s Reg. no: 11915048

Evaluation Parameters: (Parameters on which student is to be evaluated- To be mentioned by students as

specified at the time of assigning the task by the instructor)

Learning Outcomes: (Student to write briefly about learnings obtained from the academic tasks)

Evaluator’s comments (For Instructor’s use only)

General Suggestions Best part

Observation for improvement of assignment

Declaration
I declare that this Assignment is my individual work. I have not copied it from any other student’s
work or from any other source except where due acknowledgement is made explicitly in the text,
nor has any part been written for me by any other person.

Student’s Signature:

Marks Obtained: Maximum Marks: 30

 IN THE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS,
CENTRAL DISTRICT, DELHI
SUIT NO. OF 2022

SHRI. MANAV SINGH RATHORE & SHRI. RAGHAV MEHRA

…PETITIONE
R
VERSUS
SHRI. ROOP SAXENA

…RESPONDENT

AMENDED MEMO OF PARTIES

1. SHRI. MANAV SINGH RATHORE

S/O SHRI GAJENDRA SINGH RATHORE
R/O PATEL CHOWK, NEW DELHI

2. SHRI. RAGHAV MEHRA

S/O SHRI RAMESHWAR MEHRA
R/O CHANDNI CHOWK, NEW DELHI

…PETITIONER

VERSUS
1A. SHRI ROOP SAXENA
S/O SHRI ARVIND SAXENA
R/O OF GREATER
KAILASH, NEW DELHI

….…RESPONDENT
 THROUGH

MEGHA SAXENA
Advocate for the plaintiff

DELHI
Dated: 12/10/2022
 IN THE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS,
CENTRAL DISTRICT, DELHI
IN THE MATTER OF:

3. SHRI. MANAV SINGH RATHORE

S/O SHRI GAJENDRA SINGH RATHORE
R/O PATEL CHOWK, NEW DELHI

4. SHRI. RAGHAV MEHRA

S/O SHRI RAMESHWAR MEHRA
R/O CHANDNI CHOWK, NEW DELHI …PlaintiffS

Versus
SHRI ROOP SAXENA
S/O SHRI ARVIND SAXENA
R/O OF GREATER KAILASH,
NEW DELHI …DEFENDANTS

INDEX
Sr. Details Page no.
No.
1. REPLY NOTICE ON BEHALF OF
DEFENDANT
2. AMENDMENT INTERLOCUTORY APPLICATION

3. WRITTEN STATEMENT WITH AFFIDAVIT AND PRAYER

4. SUPPORTING DOCUMENTS

Plaintiff/ Defendant
Through
Advocate
Aman Kathuria
Delhi

Advocate
Date:

To,
Advocate for Plaintiff
Address:

Subject: Reply to legal notice

Sir,

With reference to your legal notice dated …/…/2022, we upon

specific instruction and directions of our valuable client Sh.
Roop Saxena (hereinafter referred to as “Our Client”). Riposte
to your legal notice served to our client and categorically
deny the contention and allegations levelled against our
client in your legal notice to the following effects;

That our client is ready, as always, agreeing for any kind of

settlement and arrangement for the property dispute between
the your client. Our client has never ever denied the factum
of satisfying on any conditions mentioned by your client, in
fact it is yours client fraud and malafide intention against
my client. Our client himself has visited the concerned
offices of plaintiffs thrice but unfortunately after waiting
for 5-6 hours turn to come, he has to come back with tasks
unfinished. Our client tried told the situation to your
client, who started extending threats to him, for which our
client reserve the right to initiate proceedings before
concerned department of Law/Court. And if any harm is done to
Our Client, in any way, your client will be held responsible
for this.

That it is pertinent to mention here that there is no

loss of reputation of your client in this dispute. Our
client’s is at a loss because of the disentitlement of the
property share. By virtue of conduct and behaviour your client
there are strong apprehensions that your client might misused
some facts and figures which in turn might spoil the good name
of our Client, this datum has caused and is causing extreme
mental distress and anguish to Our client, which is
irreparable.
 You recklessly endeavouring to incriminate Our client by
levelling unfounded allegations dishonestly, unlawfully and
without any evidence. Claims you have asked for through your
legal notice are based on unsubstantiated contentions clearly
specifying your intention that you want to extort money for
Our client.
Through the present reply, we hereby intimate you not to
black mail/harass Our client. Otherwise, proper proceedings,
Civil or Criminal before competent court of law will be
initiated against you for blackmailing at your own risks and
costs. In addition to above, Our client also reserve the right
to file a suit for damages against your client.
You are hereby, requested to withdraw the instant notice with
immediate effects and your client to do the needful peacefully
in collaboration with Our client, for getting the impugned
property transferred to his name at earliest, and also to
refrain from extending threats to Our client.

A copy hereof has been retained in our office for further

action, if required.

…………………………………….
Advocate for defendant
 AMENDMENT INTERLOCUTORY APPLICATION
IN THE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS,
SUIT NO. OF 2022
IN THE MATTER OF:

1. SHRI. MANAV SINGH RATHORE S/O SHRI GAJENDRA SINGH RATHORE

R/O PATEL CHOWK, NEW DELHI

2. SHRI. RAGHAV MEHRA S/O SHRI RAMESHWAR MEHRA

R/O CHANDNI CHOWK, NEW DELHI …PlaintiffS

Versus
SHRI ROOP SAXENA
S/O SHRI ARVIND SAXENA
R/O OF GREATER KAILASH,
NEW DELHI …DEFENDANTS

Appeal/Original Petition No. of 2022.

Set out the Appeal No. of 2022
Set out the 1. Appeal No. 2022
Cause Title – Amendment Interlocutory Application
SUIT FOR PERMANENT INJUCTION
The applicant above-named state/s as follows :
1. That the applicant filed a suit for Specific Performance
of Agreements & permanent injunction before the
Honourable Court.

2. That at the time of drafting, a typographical/clerical

mistake was committed in mentioning the address of
defendant.

3. That through instant application, the applicant is

seeking the correction of said mistake which will not
change the nature of suit or the complexion of suit nor
it will prejudice the rights of other party.
 4. That the applicant is seeking following amendment in the
draft.
“In para no. in line no. instead of “Mukherjee Nagar” the
address “Karol Bagh” may kindly be allowed to
incorporated”.

5. That in case the instant amendment is not allowed, the

applicant shall suffer an irreparable loss.
(All interlocutory applications shall be supported by an
affidavit sworn by the Applicant/on its behalf and attested by
a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing
material has been concealed or suppressed and further declare
that the enclosures and typed set of material papers relied
upon and filed herewith are true copies of the originals or
fair reproduction of the originals or true translation
thereof.
Verified at dated at this day of
2022.

Counsel for
Defendant

Applicant
VERIFICATION
I Roop Saxena(Name of the Defendant) S/o Arvind Saxena, age
32, owns a business of manufacturing textiles resident of
Greater Kailash, New Delhi do hereby verify that the contents
of the paras to are true to my
personal knowledge / derived from official record ) and para
to are believed to be true on legal advice
and that I have not suppressed any material facts.
Date :
Place :

Signature of the Defendant

or authorized officer
BEFORE THE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS,
CENTRAL DISTRICT, DELHI

In the matter of,

1. SHRI. MANAV SINGH RATHORE
S/O SHRI GAJENDRA SINGH RATHORE
R/O PATEL CHOWK, NEW DELHI

2. SHRI. RAGHAV MEHRA

S/O SHRI RAMESHWAR MEHRA
R/O CHANDNI CHOWK, NEW DELHI
…Plaintiffs

Versus
SHRI ROOP SAXENA
S/O SHRI ARVIND SAXENA
R/O OF GREATER KAILASH,
NEW DELHI …DEFENDANTS

WRITTEN STATEMENT ON BEHALF of DEFENDANTS

Respectfully Sheweth,

Preliminary Objections:
1. That the plaintiff has filed false and frivolous suit
against the answering defendant, having no cause of
action, hence the suit is liable to be dismissed.

2. That the plaintiff has not approached this Honourable

Court with clean hands and has suppressed material facts.
In fact, Plaintiff no. 1 aged about 35 years, owns a
business of the Distributorship of the dry fruits.
Plaintiff no. 2 aged about 33 years owns a business of
distributorship of textiles and currently is an N.R.I.
residing in Canada.
 3. That the suit in hand is neither maintainable nor
proceed-able in its present form and the same is hit by
Section 42 & 56 of Specific Relief Act, as the entire
instant plaint reveals against the implementation of
alleged agreement, but suit in hand is filed for
recovery. Whereas, it is settled principle that in case
of terms and conditions of agreement between plaintiff’s
and defendant, the only remedy if any is specific
performance of agreement/contract, hence the suit is
liable to be dismissed.

4. That the plaintiff has no cause of action and locus

standi to file the suit.

5. That the plaintiff has estopped by his words and conduct

to file the instant suit.

6. That in the suit in hand, two different/relief have been

sought by the plaintiff under two different statutes,
hence the plaint of plaintiff is liable to be rejected.

7. That the instant suit filed by the plaintiff is tainted

with malafide and also fraught with wrong, false and
incorrect narration of facts. Therefore, the equity
demands dismissal of the suit as the plaintiff has not
come to the court with clean hands.

8. That the suit has been filed with malafide intention and
in order to harass and blackmail the defendants,
therefore, liable to be dismissed and the defendants are
entitled for special costs under Section 35-A CPC.

ON FACTS;

1. Para no. 1 is incorrect, hence denied. The plaintiff is a

notorious person of the area for his immoral activities.

2. Para no. 2 is incorrect, hence vehemently denied. As

stated above, the plaintiff remained miserably failed to
produce any document relating to the ownership of the
property. The detail answer has already been given in
preliminary objections.

3. Para no. 3 is incorrect, hence vehemently denied. No said

property portion was ever handed over to the defendants.
 4. Para no. 4 is incorrect, hence vehemently denied. The
facts narrated in the instant para are nothing but a
bundle of lies. The detail answer has already been given
in preliminary objections.

5. Para no. 5 is incorrect, hence vehemently denied.

6. Para no. 6 is incorrect, hence denied. Detailed reply has

already been given above.

7. Para no. 7 is incorrect, hence denied.

8. Para no. 8 is incorrect, hence denied. The plaintiff has

no cause of action against the defendants.

9. Para no. 9 is legal.

10. Para no. 10 is legal.

PRAYER;
It is therefore, respectfully prayed that instant suit
may kindly be dismissed with cost. Any other relief which this
honorable court deems fit and proper may kindly be granted in
greater interest of justice.

Through

Answering respondent

Advocate Tis Hazari District Courts

 IN THE COURT OF SENIOR CIVIL JUDGE, TIS HAZARI COURTS,
CENTRAL DISTRICT, DELHI
SUIT NO. OF 2022
IN THE MATTER OF:
SHRI. MANAV SINGH RATHORE & ORS …PLAINTIFFS
Versus
SHRI ROOP SAXENA …DEFENDANTS

AFFIDAVIT
I, Shri ROOP SAXENA S/O SHRI ARVIND SAXENA declare as under:-
That I am a resident of GREATER KAILASH, NEW DELHI, and fully
conversant with the facts of this case and am competent to
file this affidavit.
1. That the contents of accompanying SUIT for Permanent
Injunction have been drafted and filed by my counsel under my
instructions, for the sake of brevity contents thereof are not
reproduced herewith and same may be read as part of this
affidavit.

DEPONENT
VERIFICATION :-
Verified at Delhi on this Day of , 2022 that the
contents of the above affidavit are correct and true to my
knowledge, no part of it is false and nothing material has
been conceal there from.

DEPONENT
SUPPORTING DOCUMENTS
 SALE DEED

This DEED OF ABSOLUTE SALE executed at on this the 25th day of

October, 2019 by Karam Singh S/o of Lachhman Singh residing at ………

Hereinafter called the VENDOR of the one part which expression shall
include his executors, administrators, legal representatives, successors, etc.

TO AND IN FAVOUR OF
Shri Mr. Manav Singh Rathore s/o Shri Gajendra Singh Rathore, resident of
Patel Chowk, New Delhi, Mr. Raghav Mehra s/o Shri Rameshwar Mehra,
resident of Chandni Chowk currently staying in Canada and Mr. Roop
Saxena S/o Shri Arvind Saxena resident of Greater Kailash, New Delhi.

hereinafter called the VENDEE of the Other Part which expression

wherever the context so requires shall mean and include his heirs,
executors, administrators, legal representatives, successors, etc.

WHEREAS the VENDOR herein has been in exclusive possession and

enjoyment of the share 59/258 share out of total property fully described
with a constructed house thereon which was constructed by him with his
self-earned funds, till date.

WHEREAS the VENDOR is the exclusive owner of the property more fully
described above hereunder and he has absolute rights to dispose of the
same as in the manner he wishes;

AND WHEREAS the VENDOR is in need of funds in order to meet his

personal commitments and family expense and has decided to sell the
property more fully described above hereunder for a sum of Rs.
/- (Rupees only) and the VENDEE herein has also agreed to
purchase the same for the said price and to the effect they entered into an
agreement to sell dated 25th day of October, 2019
GENERAL POWER OF ATTORNEY
This General Power of Attorney is made on this 25th day of
October, 2019.

By:- Mr. Raghav Mehra son of Shri Rameshwar Mehra R/o Chandni chowk
at present R/o Chandni Chowk (hereinafter called the Executant), do
hereby constitute and appoint nominate Mr. Manav Singh Rathore son of
Shri Gajendra Singh Rathore R/o Patel Nagar (hereinafter called the
General Attorney holder).

Whereas I was previously partner of Mr. Manav Singh Rathore, Mr.

Roop Saxena (vide partnership deed) dated day of 2021 and
because I am presently residing at Canada hence I am unable to
appear before the court of India in the case titled as
VERSUS now fixed for . for
the tenancy.
AND WHEREAS now I am personally unable to look after the case as I am
residing In Canada and being person from the partnership firm so I have
give my all powers of the said case in favour of said Mr. Manav Singh
Rathore son of Shri Gajendra Singh Rathore in the following manner
NOW THIS G.P.A. WITNESSTH AS UNDER :-

1. To manage, control, look after and supervise the said property as my

said attorney may deems fit and proper.
2. To appear before any authority or office in connection with the
dealings of the said property
3. To appear in the court of India in the case titled as VERSUS
and to adduce evidence. Withdraw the case, settle the matter with
the other party , to arrive at a compromise and other necessary actions as
required for the proper disposal of the case. 4. To engage the counsel
sign and verify any document for and on behalf of me or on behalf of the
said firm as the requirement of the same may be.
5. To execute sign, present and verify all such papers documents, such as
Conveyance Deed, Sale Deed, etc. for me in my name and or my
behalf pertaining to sole and transfer of the said property.
6. To deposit all fee, dues installments, and other charges to
the concerned authority
/authorities on my behalf. To pay the rent of the said shop in
question to the landlord 7. To pay all necessary dues and charges
remaining or further to the authority/ies concerned on demands.
8. To file any suit complaint, petition, revision, written statement,
pertaining to any matters of the said property/land.
9. To apply for arrange mutation, charges, entries in all concerned
official records of aforesaid property as may be deemed appropriate.
10. Generally, to do all acts, deeds and things for me in my name on my
behalf in respect of my said property as my said attorney may deems it
proper.
And all acts, deeds and things done my said attorney shall be binding on
me in all respects IN WITNESS WHEREOF I have signed this GPA in the
presence of the following witnesses. NOTE: That the cutting on Pages No.1
, 2 & 3 are within my knowledge.

EXECUTANT

Mr. Raghav Mehra WITNESSES :-

1. Aakarshdeep Saxena
2. Ayush Johari
AGREEMENT TO SELL
This agreement to sell is made on 25th day of October, 2019
By Karam Singh S/o of Lachhman Singh (hereinafter called the seller) of the first
party.
AND
Shri Mr. Manav Singh Rathore s/o Shri Gajendra Singh Rathore, Mr.
Raghav Mehra s/o Shri Rameshwar Mehra, and Mr. Roop Saxena S/o Shri
Arvind Saxena (hereinafter called the purchaser) of the second party.
The absolute owner in possession is the first party
The agreed property is being sold by the
first party with all the rights, and with consent of all heirs, to the second
party who has agreed to buy this property for a total consideration of
/-(_ only) on these terms and conditions :-

1. The first party have given assurance to the second party that the
share 59/258 share out of total property is not in mortgage, not attached in
any bail as surety in any court, or financial institution or court. nor any
agreement to sell has been made with any other party prior to this
agreement.

2. The buyer has paid to the seller the total sale consideration of
/- ( only) as a full
and final payment against the said property, for which the seller, owner
hereby acknowledge the receipt in the presence of witnesses. There is no
amount due as balance against the said property.

3. The agreed property is free from all sorts of burdens. The

property/plot does not have any charges over it like, sale, gift, mortgage,
lease, lien, attachment, demands, etc.

4. The seller shall transfer the property in the name of seller or his
nominees and fulfill all requirements of concerned authorities.

5. The seller shall bear all the expenses that the expenses on the deed
of sale, NOC etc. of the said property shall be borne by the seller of sale
deed NOC etc. The expenses and the other final papers, and documents of
the said property shall be borne by the said buyer.

6. The seller should not have any objection if the buyer decides to sell
the property to any other person.

7. In case the seller backs out from transferring the property and
fulfilling the legal formalities, then the buyer has complete right on the said
property to get it transferred in his name with the help of court of law
under the performance of specific relief act. In that case the seller is
responsible to pay the cost and consequences, damages etc.

This legal document is signed by both the parties in the presence of

witnesses at
 on the day month and year first mentioned above, in the
presence of marginal witnesses.

WITNESSES: –
Mr. Akarshdeep Saxena Mr.
Ayush Johari
First party/seller Second
party/purchaser
PARTNERSHIP DEED
 Deed of Partnership
This deed of partnership is made on ____ day of ____ between:
1. Mr. Manav Singh Rathore S/o Shri Gajendra Singh Rathore residing
at Patel Chowk, New Delhi hereinafter referred to as FIRST PARTNER.
2. Mr. Raghav Mehra S/o Shri Rameshwar Mehra residing at Chandni
Chowk, New Delhi hereinafter referred to as SECOND PARTNER.
3. Mr. Roop Saxena S/o Shri Arvind Saxena residing at Greater Kailash,
New Delhi hereinafter referred to as THIRD PARTNER.

Whereas, the parties hereto have agreed to commence business in

partnership and it is expedient to have written instrument of partnership.
Now this partnership deed witnesses as follows:

1. BUSINESS ACTIVITY
The parties here to have mutually agreed to carry on the business of
.

2. PLACE OF BUSINESS
The principal place of the partnership business will be situated at

3. DURATION OF PARTNERSHIP
The duration of the partnership will be at will.

4. CAPITAL OF THE FIRM

Initially the capital of the firm shall be Rs. /-.

5. PROFIT SHARING RATIO

The profit or loss of the firm shall be shared equally among all the partners
and transferred to partner’s current account.

6. MANAGEMENT
The Mr. Manav Singh Rathore of the firm shall be Managing Partner and he
will look after all the day to day transaction of the firm and any legal
activities in the name of the firm and the remaining partners shall co-
operate to do so.
7. OPERATION OF BANK ACCOUNTS
The firm shall open a current account in the name of [Partnership Firm
Name] at any bank and such account shall be operated by Mr. Manav Singh
Rathore and Mr. Raghav Mehra jointly as declared from time to time to the
Banks.

8. BORROWING
The written consent of all Partners will be required for the partnership to
avail credit facilities from any financial institution.

9. ACCOUNTS
The firms shall regularly maintain in the ordinary course of business, true
and correct accounts of all its transactions and also of all its assets and
liabilities, the property books of account, which shall ordinarily be kept at
the firm’s place of business. The accounting year shall be the financial year
from 1st April onwards and the balance sheet shall be properly audited and
the same shall be signed by all the Partners. Every Partner shall have access
to the books and the right to verify their correctness.

10. RETIREMENT
If any partner shall at anytime during the subsistence of the partnership, be
desirous of retiring from the firm, it shall be competent from his to do so,
provided he shall give at least one calendar month notice of his intention of
doing so. The remaining partner shall pay to the retiring partner or his legal
representatives of the deceased partner, the purchase money of his share
in the assets of the firm.

11. DEATH OF PARTNER

In the event of the death of any partners, one of the legal representatives
of the deceased partner shall become the partner of the firm and in the
event the legal representative show their denial to point the firm, they shall
be paid the part of the part of the purchase amount calculated as on the
date of the death of the partner.
12. ARBITRATION
Whenever there by any difference of opinion or any dispute between the
partners the partners shall refer the same to an arbitration of one person.
The decision of the arbitration so nominated shall be final and binding on
all partners, such arbitration proceedings shall be governed by Indian
Arbitration Act, which is in force.

In witness whereof, this deed of partnership is signed sealed and

delivered this at :

FIRST PARTNER SECOND PARTNER

Chandni Chowk Patel Chowk
New Delhi, 110006 New Delhi, 110001

THIRD PARTNER
Greater Kailash
New Delhi, 110048

WITNESS ONE WITNESS TWO

New Delhi, 110048 New Delhi, 110006
NO OBJECTION CERTIFICATE
Date: 25th October, 2019

NO OBJECTION CERTIFICATE

To whomsoever, it may concern

This is to certify that Mr. Karam Singh, resident of is the owner of

said property, situated at New Delhi, with property id number
containing area of property in equal shares.

Certified that this interposes no objection on the said property.

Issued this on 25th October,2019, as requested by Mr. Manav Singh

Rathore, Mr. Raghav Mehra and Mr. Roop Saxena in support of his/her
application for approval.

Signature:

Name: Mr. Karam Singh

MAP OF PROPERTY
(NAKSHA)