Online Certificate Course on Civil Drafting

Assessment

Name: Aditi Bhawsar

College: National University of Study and
Research in Law, Ranchi.
Contact No.: 7000578331

Question No. 1 What are the fundamental rules of pleadings in respect of

drafting a plaint?

 Answer No. 1→

Pleadings can be regarded as the backbone of any judicial system. Pleadings are
specified documents containing, the claims and counterclaims of both the parties
Pleadings contain complaints, answer, counterclaims and reply. Pleadings are both
filed in Civil and Criminal Cases.

According to Order 6 Rule 2(1), there are mainly four basic or fundamental rules of
pleadings, while drafting a plaint. Plaint is the statement of the plaintiff containing
grievances in order to initiate an action in a court of law. Every plaint should contain
the following particulars :-
 The name of the court in which the suit is brought;
 The name, description and place of residence of the plaintiff;
 The name, description and place of residence of the defendant;
 Where the plaintiff or defendant is minor or a person of unsound mind, a
statement to that effect;
 The facts constituting the cause of action and when it arose;
 The facts showing that the court has jurisdiction;
 A statement of the value of the subject matter of the suit for the purpose of
jurisdiction and court fees;
 The reliefs claimed by the plaintiff, simply or in the alternative;
 Where the plaintiff files a suit in the representative capacity, the facts showing
that the plaintiff has an actual existing interest in the subject-matter and that he
has taken steps that maybe necessary to enable him to file such a suit;
 Where the plaintiff has allowed a set off or relinquished a portion of his claim, the
amount so allowed or relinquished;
 Where the suit is for recovery of money, the precise amount claimed;
 Where the suits is for accounts or mesne profits or for movables in the possession
of the defendant or for debts which cannot be determined, the approximate
amount or value thereof;
 Where the subject-matter of the suit is immovable property a description of the
property sufficient to identify it, e.g. boundaries, survey numbers, etc. ;
 The interest and liability of the defendants in the subject-matter of the suit;
 Where the suit is time-barred, the ground upon which the exemption from the law
of limitation is claimed;

Question no. 2 Draft a model plaint for filing a suit for partition claimed
by a member of Joint Hindu Family.

 Answer No. 2→

SUIT FOR PARTITION OF JOINT HINDU FAMILY PROPERTY:

In the court of civil judge (senior division) Dehradun

Original Suit No. …………………of 2020

Sri Ram Lal s/o Late Sri Chunee Lal r/o ……………………………Dehradun

Plaintiffs.
Versus

1. Sri …………………… .s/o Chunee Lal r/o……………………………………

2. Sri …………………….s/o Chunee Lal r/o……………………………………...
3. Sri ………....…………s/o Chunee Lal r/o……………………………………..
4.Sri ………………………….s/o Late Sham Lal r/o ……………………..............

Defendants.

5. Sri Rati Ram s/o Sri Sati Ram r/o 171 Shakti Vihar Dehradun. Performa
defendant.

Sir,
The above named plaintiff states as follows:

1. That the plaintiff and the defendant No.1 to 4 are a member of a joint Hindu
family. Defendant No.1 to 3 and plaintiff are real brothers whereas defendant
No.4 is the son of late Sham Lal who is also a real brother of plaintiff and
defendant No. 1 to 2. Unfortunately he has died on…………………leaving
behind his only son (defendant No.4).

2. That the father of the plaintiff and defendant No.1 to 4 late Sri Chunee Lal is the
Karta of joint Hindu family purchased the property in suit, from Sri Nand Lal vide
sale deed dated ………….which is duly registered in the office of sub registrar
Dehradun in bahi No. …..volume ………page No. ………registered on
………….full details of which are given in the end of this plaint in schedule of
property. Late Chunee Lal died on …………………….intestate.

3. That the plaintiff and defendant No.1 to 4 are in joint possession of the property
in suit. Plaintiff and defendant No.1 to 4 have equal undivided share in the whole
of the property. In other words each have 1/5th share of in the whole of the
property dispute.

4. That the defendant No. 4 has sold his undivided 1/5th share of the suit property to
Sri Rati Ram, who is made party in the suit as a Performa defendant and no relief
claimed against him.

5. That the Performa defendant No.5 is trying to get possession in the joint property
by hook and crook and threatening for dire consequences.

6. For the above reasons it would be to the plaintiff’s benefit to have his share
separated by partition.
7. That the plaintiff claims partition of the said property and separate possession of
his 1/5th share.

8. That the cause of action for the said suit arose on………when………………..

9. That the suit property is situated in Dehradun and all the parties permanently
residing in Dehradun, within the jurisdiction of this honorable court. Hence this
court has jurisdiction to hear and adjudicate this suit.

10. For the purpose of court fees and jurisdiction, suit valued at rupees …………
which is a market value of plaintiff’s 1/5th share of the disputed property and
appropriate court fees thereupon being paid.

The plaintiff claims:

(1)………………………………………………………………………………………
(2)………………………………………………………………………………………
(3)………………………………………………………………………………………

Schedule of property:
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………

Signature
Verification:

I, the above named plaintiff, declare that the contents of paragraphs 1 to 7 of the plaint
are true within my personal knowledge, and that the contents of paragraphs 8 to 10 of
the plaint are based on legal advice received by me and believed to be correct.
Verified on………… at Dehradun.

Date…..........

Place, Dehradun.
Signature
Question no. 3Draft a Written Statement for Ejectment and Arrears of
Rent.

 Answer No. 3→

A SUIT FOR EJECTMENT & ARREARS OF RENT

IN THE COURT OF THE SMALL CAUSES JUDGE, PUNE AT PUNE

Civil Suit No. _/ 200_

Smt _M_V_D_ )
age 50 years, occupation - business, ) Plaintiff
resident of 60 Erandwane, )
PUNE 411 004. )
Versus

Shri _V_M__L_ )
age 40 years, occupation - service, ) Defendant
resident of 600 Rasta Peth, )
PUNE 411 011. )

The plaintiff above named submits this plaint, praying to state as

follows:
1. Description of Suit Property : All that piece and parcel of premises
consisting of three rooms along with attached sanitary block totally
admeasuring 900 sft situate on the ground floor in the old building
standing at CTS No. 600 of Rasta Peth, Pune City.

2. That the property fully described in para 1 above is owned by the

present plaintiff, and the defendant is a monthly tenant therein.

3. That the month of tenancy is according to the English calendar,

commencing on the first day in a month and ending on the last day
of the same month.

4. That the monthly rent for the suit premises is @ Rs. 150/-
exclusive of all other charges and taxes.

5. That the defendant was irregular in making the payment of the rent
from the beginning, and on that account, the plaintiff had previously
filed a civil suit against the defendant for possession in the Small
Causes Court, Pune, and eventually the said suit came to be
compromised. In that suit, the defendant had given in writing an
undertaking that he would be paying the rent regularly, i.e. month
to month basis.

6. That irrespective of that, the defendant is irregular in the payment

of rent and is in the habit of paying the rent occasionally and pays
the rent for a period of 5/6 months or sometimes even 8/9 months
also. Thus, the defendant has become a defaulter in the payment of
rent, as he failed to observe the terms and conditions of the
compromise arrived at by and between the parties in the previous
civil suit No. 420/1996.

7. That the defendant is occupying the suit premises for the last thirty
years, and from the beginning, he using the suit premises in such a
fashion so as to cause damage and waste to the said property. Of the
late, the defendant has demolished the wall between the two
rooms, and he has fixed a door. He has also demolished another wall
and fixed a window therein. While doing so, he has not obtained any
permission of the plaintiff. Thus, the act of the defendant in
demolishing the walls and constructing or erecting door and window
amounts to breach of the provisions of the Maharashtra Rent
Control Act 1999.

8. That the defendant without any permission of this plaintiff has

constructed permanent partitions in the suit premises.

9. That the defendant has taken a water connection from the

adjacent property without the consent of this plaintiff. In doing so,
he has caused damage to the suit property, as he was required to lay
down the pipeline from the adjacent property.

10. That the suit premises are admeasuring 900 sqft, while the
family of the defendant consists of only three members. On the other
hand, the plaintiff is carrying on a business on the first floor and
running a lodge there. The plaintiffs two sons are looking after the
said business. The nature of the said business is such that one of
the sons should be residing permanently in the suit property
only. However, there is no other premises available for occupation,
and the suit property is, therefore, required by the plaintiff for her
and her family members for her bonafide personal occupation.
Similarly, the area of the suit premises being 900 sqft, the defendant
is not in need of so large premises, and hence, the suit premises are
much more than the actual need of the defendant.

11. That the defendant is using premises in such a fashion that he

is causing nuisance and annoyance to the other tenants as well as
lodgers.

12. That the defendant is in the habit of making false complaints to

the Pune Municipal Corporation and is trying to harass this
plaintiff. The defendant has recently made a false complaint to
the Pune Municipal Corporation seeking a permission for urgent
repairs in respect of the suit premises. The defendant managed to
get the authorities of the Pune Municipal Corporation moved in that
behalf, and accordingly, a notice by the Pune Municipal
Corporation has been served on this plaintiff.

13. That present plaintiff also served a notice on the Pune

Municipal Commissioner, informing the factual position and has
made it clear that there is no such necessity of urgent repairs.
However, the defendant is instigating the Pune Municipal
Corporation authorities for taking action against the plaintiff. Thus,
the behavior of the defendant amounts to nuisance.

14. That for the reasons stated above, the plaintiff also served a
notice on the defendant through her lawyer, on, terminating the
tenancy of the defendant and calling upon him to vacate the suit
premises and hand over vacant and peaceful possession of the same
by the end of March 200, but even though the defendant has duly
received the said notice, he did not even care to reply the same, and
also not vacated the suit premises, and hence, this suit.

15. Particulars of Claim :

Rs. 2,000/-_ Arrears of Rent.
Rs. 2,000/-_ Mesne Profits.
Rs. 1,000/- _ Notice Charges.
Rs. 5,000/- _ Total Amount Due and Claimed
Rs. -NIL - _ Amount Less Received
Rs. 5,000/- _ Net Amount Due and Claimed

16. That the cause of action for the present suit first arose on_____,
when the defendant refused to vacate the suit premises, and the
same has since then been arising every day thereafter, and hence,
the suit filed today is well within limitation.

17. That the property is situate within the local limits of the
jurisdiction of this court, and hence, this Hon'ble Court has
jurisdiction to try and decide this suit.

18. That the proper court fee is paid herewith.

19. That the plaintiff, therefore, prays that -

A. It be ordered that the defendant should vacate the suit

premises;
B. The arrears of rent be recovered from the defendant;
C. Vacant possession of the suit premises be restored to the
plaintiff;
D. The defendant be ordered to pay unto this plaintiff the amount of
money claim and also mesne profits @ Rs. p.m. from the date of
filing this suit till recovery of possession;
E. The costs of this plaintiff be paid from the defendant; and
F. Any other orders in the interest of justice be kindly passed.

Pune, Sd/- MVD

Dated:_________ PLAINTIFF

Sd/- x X x ADVOCATE FOR

PLAINTIFF

VERIFICATION
I, Smt. MVD, the present opponent, do hereby state on solemn affirmation
that the contents of this statement in paras 1 to 19 are true and correct to
the best of my knowledge and belief, so I have signed hereunder.

Sd/- MVD
PLAINTIFF