CONTENT: II CIVIL SUITS ON SPECIFIC RELIEF

IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 123 of 2020

IN THE MATTER OF:

SH. ABC …..… PLAINTIFF

VERSUS

SH. X ………. DEFENDANT

INDEX

SL.No. PARTICULAR COURT FEE PAGES

1.
MEMO OF PARTIES

2. SUIT FOR SPECIFIC

PERFRMANCE OF CONTRACT
ALONGWITH SUPPORTING
AFFIDAVIT

3.
LIST OF DOCUMENTS

ALONGWITH DOCUMENTS

4.
VAKALATNAMA

PLAINITFF

Place: Through

Date: Sd/- ( Advocate)

 IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 123 of 2020

IN THE MATTER OF:

SH. ABC …. PLAINTIFF

VERSUS

SH. X …DEFENDANT

MEMO OF PARTIES

SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF

Versus
Sh. X, s/o XYZ, r/o Jaipur …… DEFENDANT

PLAINTIFF

Place: Through

Date: Sd/- ( Advocate)

 IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF

Versus
Sh. X, s/o XYZ, r/o Jaipur …… DEFENDANT

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT

Sir,
The plaintiff above-named respectfully submits as under:
1. That the plaintiff owns a shop and is engaged in the sale of furniture.
2. That the defendant is, and at all material times were, engaged in the production and
sale of furniture.
3. That by the agreement in writing dated 2 nd February, 2020 the defendant contracted to
sell to the plaintiff, 10 sofa sets at sum of Rs 3,00,000 on the terms and conditions
contained in the said agreement, Hereto annexed and marked Exhibit ‘A’ is a copy of
the said agreement dated 2nd February,2020.
4. That the plaintiff states that, on 28th February, 2020 the plaintiff paid the whole
amount to the defendant.
5. That thereafter, on 10th March, 220 and again on 17th March, 2020 the plaintiff sent
registered letters to the defendant calling upon him to complete the sale. Hereto
annexed and marked Exhibit ’B’ and ‘C’ respectively are copies f the said letters dat.
6. That’s the plaintiff submits that despite those reminders and oral requests the
defendants has yet not made the sale complete. The defendant has neglected to
complete the said agreement and that has put plaintiff into unnecessary inconvenience
and has also suffered damages.
7. That is the specific performance of the said agreement is not granted the plaintiff will
suffer irreparable loss, for which damages will not provide adequate compensation.
8. That the said agreement was entered dated 2 nd February, 2020 was entered into at
Lucknow. The plaintiff resides in Lucknow and owns a shop in Lucknow. Therefore,
this Hon’ble Court has the jurisdiction to entertain and try this and dispose of this suit.
9. That the suit has been filed within the period of limitation.
10. That for the purpose of the court fees and jurisdiction, the plaintiff values this suit at
Rs 3, 20, 000 and has paid the court fees accordingly.
 PRAYER

The plaintiff therefore prays:

a) that the defendant be ordered and decreed to specifically perform the
agreement dated 2nd February, 2020 within 15 days, and
b) that the defendant be directed to pay the costs of the suit, and
c) that such further and other orders may be passed by this Hon’ble Court as
may be deemed necessary or expedient in the facts and circumstances of the
case.
PLAINTIFF

Place: Through

Date: Sd/- ( Advocate)

VERIFICATION

Verified at Delhi on 7th April, 2020, that the contents of above affidavit are true to my
own knowledge and nothing material has been concealed therefrom.
Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 123 of 2020

SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF

Versus
Sh. X, s/o XYZ, r/o Kolkata …… DEFENDANT

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

 The Defendant submits his para wise reply to the plaint as follows:

PRELIMINARY OBJECTIONS:
a) That this Hon’ble Court has no jurisdiction to entertain the subject matter in the
present suit.
b) That the suit has not been properly valued for the purpose of the court fees and
jurisdiction and is therefore liable to be rejected out rightly.
c) That there is absolutely no cause of action in favor of the plaintiff and against the
defendant. The suit is therefore liable to be rejected on this ground also.
d) That the suit has not been properly verified in accordance with the law.
e) That the plaintiff has filed the present suit to defame the defendant and is trying to
seek undue advantage from the defendant.

ON MERITS:

Without prejudice to the preliminary objection stated above, the reply on merits, which is
without prejudice to one another, is as under:

1. That para 1 is correct and is thereby admitted.

2. That the contents of para 2 of the plaint are absolutely correct and is thereby admitted.
3. That the contents of para 3 of the plaint are absolutely correct and is thereby admitted.
4. That the contents of para 4 of the plaint are absolutely correct and is thereby admitted.
5. That the content of para 5 are incorrect as the defendant never received any letter
from the plaintiff.
6. That the content of the para 7 of the plaint that, defendant has neglected the requests
of the plaintiff are incorrect. The defendant has informed the plaintiff that his order
will be delivered I one month’s time. Else, all the allegation are denied by the
defendant.
7. That the content of para 7 are not admitted. The defendant did not refuse to perform
his part of the contract. The defendant agreed to deliver the sofa-set as and when the
production is complete.
8. That the contents of para 8 are not admitted. The defendant submits that no cause of
action of any nature has accrued to the plaintiff against defendant and hence the same
is hereby denied. That the content of para 8 are not correct. The defendant submits
that the plaintiff is not entitled to any relief of whatsoever nature. That the contents in
 para 11 are false. the Hon’ble Court does not have the jurisdiction to entertain the
present suit. The suit of the plaintiff is not legal, not valid and hence not tenable at
law.
9. That the present suit is not maintainable so there arises no question of limitation
period.
10. That para 9 is not admitted. The suit has not been properly valued for the purposes of
court fees and jurisdiction.

PRAYER

It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

(a) Dismiss the suit of the plaintiff in toto.

(b) Award costs to the defendant from the plaintiff for causing mental agony.

(c)Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

Place: Through

Date: Sd/- ( Advocate)

VERIFICATION

Verified at Delhi on 17th April, 2020, that the contents of para no. 1 to 10 of the
Written Statement are true to my own knowledge and nothing material has been
concealed therefrom.

Defendant

IN THE COURT OF SENIOR CIVIL JUDGE AT LUCKNOW

SUIT No. 132 of 2020

In Re:
SH. ABC, s/o A, r/o Lucknow …..PLAINTIFF
Versus
Sh. X, s/o XYZ, r/o Kolkata …… DEFENDANT

AFFIDAVIT

I, Sh. X, s/o XYZ, r/o Kolkata, hereby solemnly affirm and state as under:

1. That I am the defendant in the accompanying suit and well conversant with the facts and
circumstances of the present suit, I am also fully competent to swear and affirm the
present affidavit.
2. That I have read the Written Statement for permanent injunction and gone through in my
vernacular, and therefore declare and affirm them as true and correct to my knowledge
and belief.

DEPONENT

VERIFICATION
Verified at Delhi on this 17th day of April 2020 on solemn affirmation that the contents of this affidavit are true and correct and
nothing has been concealed therefrom.

DEPONENT