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DPC ASSIGNMENT

TOPIC: PLAINT WITH AFFIDAVIT

NAME: Sankalp Uniyal

COURSE: B.A. LL.B.
SEMESTER: 10
ENROLLMENT: A3211118152
SECTION: B
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IN THE COURT OF SENIOR CIVIL JUDGE ABC (District),
Delhi

SUIT NO. XYZ OF 2022

IN THE MATTER OF:

Mr. H.K. Gupta,

S/o Mr. M.K. Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o Mr. C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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Index

Topic Page Number

Memo of Parties 6

List of Dates 8

10
Plaint

13
Prayer

14
Verification
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15
Temporary Injunction

Prayer 17

Affidavit 18

Verification 20

List of Documents 21

Vakalatnama 22
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IN THE COURT OF SENIOR CIVIL JUDGE ABC(District),

Delhi

SUIT NO. XYZ OF 2022

IN THE MATTER OF:

Mr. H.K. Gupta, S/o

Mr. M.K. Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o Mr. C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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IN THE COURT OF SENIOR CIVIL JUDGE ABC(District),

Delhi

SUIT NO. XYZ OF 2022

Memo of Parties

1. Mr. H.K. Gupta,

S/o MR. M.K.

Gupta,

Having their registered address at

EFG, New Delhi

Mobile No. 888888888 ……Plaintiff

Versus

2. Mr. D.C. Aggarwal,

S/o MR. C. Aggarwal,

Having their registered address at

EFG, New Delhi

Mobile No. 999999999 ……Defendants

Date: Through: GHI Advocate

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IN THE COURT OF SENIOR CIVIL JUDGE ABC(District),

Delhi

SUIT NO. XYZ OF 2022

IN THE MATTER OF:

Mr. H.K. Gupta, S/o

Mr. M.K. Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o Mr. C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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List of dates

Date Event

Rent agreement drafted between Mr.

1.03.2020 D.C. Aggarwal.

Dispute arises between Mr. D.C.

1.04.2022 Aggarwal and Mr, H.K. Gupta over the
amount of rent owned.

Associates and hired labourers of Mr.

D.C. Aggarwal, attempt to evict Mr.
1.05.2022 H.K. Gupta from his residence and
seize Mr. H.k. Gupta’s belongings.
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IN THE COURT OF SENIOR CIVIL JUDGE ABC(District),

Delhi

SUIT NO. XYZ OF 2022

IN THE MATTER OF:

Mr. H.K. Gupta, S/o

Mr. M.K. Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o Mr. C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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PLAINT UNDER ORDER VII OF CPC, SUIT FOR

PERMANENT INJUNCTION

MAY IT PLEASE YOUR HONOUR

1. Mr. H.K. Gupta, S/o MR. M.K. Gupta aged 40 years,

residing atEFG, New Delhi, within the jurisdiction of this
honourable court (Hereinafter knows as “Plaintiff”)

2. Mr. D.C. Aggarwal, S/o MR. C. Aggarwal aged 50 years,

residing at EFG, New Delhi, within the jurisdiction of this
honourable court (Hereinafter knows as “Defendant”)

3. That the plaintiff is the permanent resident of the above

mentioned address in property bearing no. EFG, New Delhi
for the last many years and is living with wife and minor
children, as a tenant.

4. That the plaintiff is a tenant in respect of the above said

property bearing no. EFG, New Delhi consisting two rooms,
latrine and kitchen in the above said premises of Rent Rs.
3500/- (Rs. 3500/-) p.m. excluding electricity and water
charges under the tenancy of the defendant and Defendant
used to collect the rent from the plaintiff.

5. That a lease agreement was signed between the plaintiff and

defendant for a period of 3 years in 2020 which mentioned
that for 3 years the rent will be of 3500/- per month for the
whole period.
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6. That the plaintiff is having the whole necessary household

goods which are lying/kept in the above said premises and is
living peacefully.

7. That the plaintiff have paid his rent on time and always made
sure that his conduct was good and has never in past 2 years
made any rent payment late.

8. That when the plaintiff went to pay rent of the month of April,
2022. Defendant without any prior notice to the plaintiff
demanded a rent of 5000/- per month from that moment,
breaching the terms of lease that was enacted between plaintiff
and defendant.

9. That at present the plaintiff is having the peaceful possession

of premises no. EFG, New Delhi and is having the whole
necessary documents/record regarding possession (photocopy
of Ration Card, School Card is enclosed herewith) but the
above said defendant is intended to disturb the peaceful
physical possession of the plaintiff of the above said premises.

10. That on 28/04/2022 the defendant came to the above said

premises of the plaintiff and threatened the plaintiff either to
pay 5000/- p.m. or vacate the tenanted premises immediately
otherwise the plaintiff would have to face dire consequences,
when the plaintiff expressed his inability to increase the rent
and reminded the defendant that the lease was for 3 years
before which the rent could not be enhanced.

11. That on 1/05/2022 at about 11:30 P.M., A truck with two

associates of the defendant and 3-4 labourers reached the
plaintiff premises and started throwing household goods
forcibly and illegally and started to quarrel with the plaintiff
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when the local residents/neighbours intervened in the matter

then the associates of defendants left the spot after threatening
for dire consequences and to dispossess the plaintiff forcibly
and illegally in the near future with the help of local goondas.
The defendant’s associate openly stated that it is a very easy
job for them to dispossess any person or to grab the property
of anyone.

12. That immediately on the same date the plaintiff rushed to the
police post near his residence to lodge his report against the
defendant regarding such incident.

13. That the plaintiff has no other efficacious remedy except to

approach this Hon’ble court for seeking relief of injunction
against the defendants from interfering in the peaceful
possession of the premises no. EFG, New Delhi.

14. That the cause of action arose on different date when the
defendants threatened the plaintiff to vacate the premises no.
EFG, New Delhi and threatened the plaintiff of dire
consequences and further to dispossess him from the above
premises bearing no. EFG, New Delhi forcibly and illegally.
The cause of action lastly arose on dt. 1/05/2022 when the
defendant threatened and tried to dispossess the plaintiff from
the premises no. EFG, New Delhi forcibly and illegally with
the connivance of the Local Police. The cause of action still
subsists as the threat of the defendants to dispossess the
plaintiff and to create disturbance in the peaceful possession of
the premises no. EFG, New Delhi continues.

15. That the parties to the suit for the purpose (s) of court fee and
jurisdiction is Rs. XXXX/- on which the requisite court fee
has affixed.
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16. This Hon’ble Court has jurisdiction to entertain this suit

because the part of the cause of action arose at Delhi and the
suit property is situated within the territorial jurisdiction of
this Hon’ble Court.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court

may be pleased to:

1. Pass the decree for Permanent Injunction in favor of the

plaintiff and against the defendant thereby restraining the
defendants, their representatives, employees, agents etc. from
dispossessing the plaintiff forcibly and illegally from the
tenanted premises bearing no. EFG, New Delhi and also from
interfering in the peaceful possession of the above said
premises.
2. award cost of the suit in favour of the Plaintiff and against the
Defendants;
3. pass such other and further order(s) as may be deemed fit and
proper on the facts and in the circumstances of this case.

Place & Date

Plaintiff

Through Counsel
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VERIFICATION

Verified at Delhi on this 28 day of May 2022 that the contents of

paras 1 to 16 of the plaint are true to my knowledge derived from
the records of the Plaintiff maintained in the ordinary course of its
business, believed to be true and last para is the humble prayer to
this Hon’ble Court.

…Plaintiff
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APPLICATION FOR TEMPORARY INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE ABC(District),

Delhi

SUIT NO. XYZ OF 2022

IN THE MATTER OF:

Mr. H.K. Gupta, S/o

MR. M.K. Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o MR. C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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APPLICATION FOR TEMPORARY INJUNCTION UNDER

ORDER XXXIX, RULE 1 & 2 READ WITH SECTION 151
OF THE CODE OF CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff has filed a suit for permanent injunction which
is pending for disposal before this Hon’ble Court.

2. That the contents of the accompanying suit for permanent

injunction may kindly be read as a part and parcel of this
application which are not repeated here for the sake of brevity.

3. That the plaintiff/applicant has got a prima-facie case in his

favour and there is likelihood of success in the present case.

4. That in case the defendants are not restrained by means of ad-

interim injunction for dispossessing the plaintiff from the above
said premises no. EFG, New Delhi and from interfering in
physical peaceful possession of the above said premises, the
plaintiff shall suffer irreparable loss and injury and the suit shall
become anfractuous and would lead to multiplicity of the cases.

5. That the balance of convenience lies in favour of the plaintiff

and against the defendants.
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PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court

may be pleased to:-

a) Pass ex-parte ad interim injunction restraining the defendants,

their associates, servants, agents and their representatives from
interfering into the peaceful physical possession of the plaintiff in
the above said premises and from dispossessing the applicant/
plaintiff from the same.

b) Pass such other and further order(s) as may be deemed fit

andproper on the facts and in the circumstances of this case.

Place:

Date:

Plaintiff /Applicant

Through

Advocate
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IN THE COURT OF SENIOR CIVIL JUDGE ABC(District),

Delhi

SUIT NO. XYZ OF 2020

IN THE MATTER OF:

Mr. H.K. Gupta,

S/o MR. M.K.

Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o Mr.C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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AFFIDAVIT

I, H.K. Gupta S/O Mr. M.K. Gupta, aged 40 years, R/O EFG,
NewDelhi, do hereby solemnly affirm and declare as under:-

1. That I am the plaintiff in the above-noted suit and fully

conversant with facts of the case and able to depose about the
same.
2. That the accompanying suit/plaint has been drafted by my
counsel on my instructions and contents of the plaint have been
read over and explained to me in vernacular language and I
have understood the meaning and implications thereof and the
facts stated therein are correct.
3. That the contents of the suit are not being repeated here for the
sake of brevity and same shall be considered as part ofthis
affidavit also (Optional but you can also add the detailsof
submissions to be made before the court, to which deponent is
testifying to be true to his knowledge).

DEPONENT
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VERIFICATION:

Verified at New Delhi on this 28 day of May 2022, that contents

of the above affidavit are true and correct to my knowledge and
nothing material has been concealed therefrom.

DEPONENT
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LIST OF DOCUMENTS

Date, if any,
Signature
which the
S. No. Description of Document of Party or
documents
Pleader
bears

1 Annexure A-1:

2 Annexure A-2:

3 Annexure A-3:

4 Annexure A-4:

5 Annexure A-5

6 Vakalatnama
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VAKALATNAMA

IN THE COURT OF SENIOR CIVIL JUDGE ABC(District), Delhi

SUIT NO. XYZ OF 2020

IN THE MATTER OF:

Mr. H.K. Gupta,

S/o Mr. M.K.Gupta,

R/o EFG, New Delhi

……Plaintiff

Versus

Mr. D.C. Aggarwal,

S/o Mr. C. Aggarwal,

R/o EFG, New Delhi

……Defendants
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I, H.K. Gupta, do hereby appoint & retain Advocate GHI (hereinafter
called as “the Advocate”) to be my advocate in the said Suit. I authorize
the Advocate to do any or all of the following on my behalf:

a) To represent, act and appear for me

b) To conduct and prosecute (or defend) the same and all proceedings
that may be taken in respect of any application connected with the
same or any decree of order passed therein

c) To sign, file, verify, present, and receive all types of documents

including plaints, statements, pleadings, appeals, cross objections,
petitions, applications, revision, withdrawal, compromise or affidavits

d) To withdraw or compromise or submit to arbitration any differences or

disputes that may arise touching or in any manner relating to the said
suit

e) To deposit, draw and receive money, cheques, cash and grant receipts
thereof

f) To do all other acts and things as may be necessary or expedient, in the

opinion of the Advocate, to be done

I do hereby agree to ratify and confirm all acts done by the Advocate or
her substitute in the matter as my own acts, as if done by me to all intents
and purposes.

Dated:

28 May 2022

Signature