DRAFTING EXERCISES

PLEADINGS:

1. Miss Shalini Panjwani and Mr. Param Abraham met at the college and became good
friends. Once they passed out they decided to get married. They were married as per the
norms of the Special Marriage Act, 1954 in the year 2002. A girl was born out of their
wedlock in the year 2004.
The Couple was residing at Banglore, Karnataka. Mr. Abraham was working at an IT Co.
and Mrs. Abraham was a housewife. Mr. Abraham was a regular Alcohol consumer and he
used to come back to his marital home in a drunk state. On the night of 21st September
2007, Mr. Abraham in the state of inebriation came to the house began to physically assault
Mrs. Abraham. This physical assault lasted for about 20 Minutes.
This action of physical assault became a regular and a repeated activity. However, on 20th
October 2007, the assault of Mr. Abraham was so severe that it resulted into an injury to
Mrs. Abraham and after receiving medical attention she went back to her marital home.
Next morning on 21st October 2007, she along with her daughter left her marital home.
The parents of Mr. Abraham tried for a reconciliation between their son and daughter-in-
law but to no success whatsoever.
Mrs. Shalini Abraham sent a notice for divorce on 2nd November 2007 to Mr. Param
Abraham. Thereafter, on 15th November 2007, she filed a Divorce Petition on the grounds
of Cruelty before The Principal Judge, Family Court seeking Divorce.
Assist Mrs. Shalini Abraham in filing a Divorce Petition and at the same time file a Written
Statement on behalf of Mr. Param Abraham.

2. Mr. Ramesh Dutt and Mr. Lokesh Dutt are brothers the latter being the elder. They both
inherited a property from their Father Late Mr. Ashok Dutt. The property is located at
Dallanwala, Dehradun and comprises of two Permanent houses each being a Duplex. The
total area of the land is 10 Bighas. Before dying Mr. Ashok Dutt vide a Testament divided
the abovementioned property in equal share thereby allotting 1 house and 5 Bighas of land
to each of his sons.
Mr. Ramesh Dutt along with his wife and children resides in Sydney, Australia and has no
intentions of settling back in India. He executed a Power of Attorney in favor of Mr.
 Lokesh Dutt thereby authorizing him to take care of the property and sell his share in the
property and transfer the sale amount to his Bank A/c. Mr. Ramesh Dutt also gave the
details of his Bank a/c to his brother so that he could receive the sale proceeds.
An agreement to sell was executed between Mr. Lokesh Dutt and Mr. Rahul Malhotra
(Buyer). The buyer agreed to buy the share of Mr. Ramesh Dutt for Rs. 1,00,00,000.00
(Rupees One Crore Only). As per the T&C of the Agreement, the buyer was supposed to
pay a sum of Rs. 20,00,000.00 (Rupees Twenty Lacs) prior to execution of the sale deed.
The buyer performed his part of the Contract and requested Mr. Lokesh Dutt to perform his
Part of the Contract. However, despite several reminders, Mr. Lokesh Dutt refrained from
doing so.
As a result of this, Mr. Rahul Malhotra wants to file a suit for Performance of Contract
against Mr. Ramesh Dutt and Mr. Lokesh Dutt. Also, file Statements on behalf of Mr.
Ramesh Dutt and Mr. Lokesh Dutt. Assist them.

3. The deceased Laxmi got married to Appellant No. 3 on 26th January 2006. On 13th
October 2006, they were blessed with a baby boy. On 6th December 2007, at about 4:30 pm
the Father-in-law is stated to have heard the cries of Laxmi and when he rushed to the
second floor of the house, he saw her burning. He tried to douse the fire. Laxmi told him
that her son was lying in the bathroom he rushed to the bathroom and found that the child
also had burned. Laxmi and her child were moved to the Hospital at about 6:40 pm her
statement was recorded by Executive Magistrate wherein she stated that “she and her son
caught fire when she was pouring Kerosene Oil in the Lamp which accidentally fell down.
The oil got spilled over and both of them suffered burns.” At about 10:55 pm the minor
child expired. On receiving the intimation, parents of Laxmi reached the Hospital at about
11:30 pm the same night. On 7th December 2007 at about 1:40 pm, another statement of
Laxmi was recorded by Executive Magistrate wherein again she reiterated that she had got
burnt accidentally. On 8th December 2007, the Father of Laxmi lodged a complaint with
the Police against the Appellants inter alia, alleging that after the marriage of his daughter
the appellants were torturing her for not meeting dowry demands of Rs. 2,00,000.00
(Rupees Two Lacs) and earlier on 15th July 2006 due to torture she had left the matrimonial
home, intending to commit suicide but due to the intervention of relatives, she returned
 back. On the said complaint Police registered an FIR against the Appellants for offenses
under 498- A read with Section 34 IPC and Section 3 and 4 of Dowry Prohibition Act 1961.
The Appellants want to apply for Bail. Assist them.

4. XYZ was a partnership firm established at Dehradun in the year 2007, which dealt in the
sale of sports goods. However, the partnership was dissolved in the year 2010 and certain
sports goods worth Rs. 5, 00,000.00 (Rupees Five Lacs only) remained unsold. Various
claims and counter-claims were made regarding them. Some articles worth Rs. 3, 50,000.00
(Rupees Thirty Lacs Fifty thousand only) remained in the custody of Z.
X & Y filed a suit for injunction to restrain Z from selling the goods, which were in his
custody.
Draft a plaint on behalf of X & Y and written statement for Z.

5. Mr. Somesh Gupta was engaged in business of transportation of goods. Mr. Aditya Tiwari
hired the services of Mr. Somesh Gupta for transporting goods from New Delhi to Mumbai.
As per the contract, Mr. Aditya Tiwari was required to pay freight charges amounting to Rs.
15,000.00 (Rupees Fifteen Thousand only) at Mumbai once the goods were delivered at
Mumbai. However, on receipt of the goods, he held back the promised payment.The
consignee, Mr. C.B. Prasad at Mumbai informed Mr. Somesh Gupta that the payment will
be made by Mr. Aditya Tiwari at New Delhi.
Draft a suit for payment of damages and a Written Statement in reply to the suit.