Problem:2

ARUN, VARUN, CHARAN, HARUN are legitimate offspring’s of Mr. Radha Krishna, who is
the Kartha of the above Joint Hindu Family. Harun died on 12-12-2019 wherein he left
Keerthi as his legitimate heir…Mr. Radha Krishna Died on 12-01-2019leaving behind 12
Crore undivided Joint Property which is situated in Nellore. The nature of the property
is still undivided.
On 13-03-2020 Keerthi sold her share of 1/4rth in the Joint Hindu Property to Sri
Krishna Ram(resident of Guntur). Sri Krishna tried many times to get possession in the
joint property by hook and crook and threatening for dire consequences. In order to
avoid this, Arun, Varun, Charan wished to institute suit proceedings before an
appropriate court to divide the property in such a way Sri Krishna would also get
absolute possession of his sold-share in the property.

Draft Model Plaint, Affidavit on behalf of Arun, Varun, Charan

Draft Model Written Statement on behalf of Keerthi and Sri Krishna

HINT: SUIT FOR PARTITION OF JOINT HINDU FAMILY PROPERTY

Problem-3

On the 19-12-2020 Mr. Chandan lent Mr. Dhvansh an amount of Rs. 15, 00, 000 through
a written agreement. As per the agreement, Dhvansh agreed to repay money with in 7
month. In spite of repeated demands of Mr. Chandan, Dhvansh did not repay the said
amount.

Assume all the other necessary facts and

 Draft Plaint and Affidavit on behalf of Mr Chandan
 Written Statement on behalf of Mr. Dhvansh

Hint: Suit for recovery of Money

IN THE COURT OF THE PRINCIPLE JUNIOR CIVIL JUDGE AT NANDIGAMA

O .S. No. OF 2020

BETWEEN:
Mr. Chandan ………………PLANTIFF
AND
Mr. Dhavansh ………………DEFENDANT

PLAINT FILED ON BEHALF OF THE PLAINTIFF U/S.26 AND

ORDER IV RULE 1 OF C.P.C

1. DESCRIPTION OF THE PLAINTIFF:

Chandan, s/o.xxxxx, Hindu, aged 30 years, private employee, R/O. Shivapuram village,
penuganchiprolu Mandal, Krishna District.
ADDRESS FOR SERVICE:

2. DESCRIPTION OF THE DEFENDANT:

Mr. Davansh, s/o. xxxxx, Hindu ,aged 29 years, a business employee, R/o. pallagiri
village, Nandigama Mandal , Krishna District.

The Address for the service of suit summons, notices, etc., on the defendant is the same as
above.

3. I humbly submit that the defendant borrowed a sum of Rs.15,00,000/- [RUPEES

FIFTEEN LAKH ONLY] from me on 19-12-2020 for the purpose of his business
expenses and after receiving the consideration at the same time the defendant
executed a written agreement for 15,00,000/- in my favour, agreeing to repay the
same together with interest @24% per month either to me or to my order on demand.
The suit promissory note was scribed by the defendant in his own hand writing.

4. I further submit that in spite of several demands made by me and on my behalf to the
defendant for repayment of the debt due under the above said promissory note dates
 19-12-2020 and as been postponing the same by giving evasive and formal replies on
one pretext or the other. As the debt due under the promissory note to the defendant
dated 19-12-2020 is long outstanding due, I got issued a legal notice dated on
……………. For the repayment of debt. The defendant received the said legal notice
and got issued a reply notice dated …………… with all false and baseless allegations.
Hence I am constrained to file the suit for recovery of amount due under the
promissory note along with interest thereon.

5. The Defendant is not a small farmer is a business man. Hence he is not entitled for
any under the debt and interest relief as per Law.

6. CAUSE OF ACTION: for the suit arose on and from 19-12-2020 when the
defendant borrowed a sum of Rs.1500000/- [Rupees fifteen lakhs only] from
the plaintiff for the purpose of her business expenses and executed a demand
promissory note in favour of the plaintiff an the same day for receiving the
consideration, undertaking to repay the same together with interest @24% p.a.
either to the plaintiff or her order on demand; on and from ………… when the
plaintiff got issued a legal notice to the defendant for repayment of the debt due
under the suit promissory note. On and from dt; when the defendant got issued
a reply notice with all false and baseless allegations. And the agreement was
executed at my home with in the jurisdiction of the Hon’ble court.

7. PARTICULARS OF SUIT CLAIM:

Principle amount due under the suit Rs.15,00,000.00

promissory note dated on 19-12-
2020
Add:-Interest @24% p. a. on the Rs.3,60,000.00
principle sum of Rs.1500000/-from
19-12-2020 to ------------
Add:- Legal notice charge Rs.1000.00

Total suit claim Rs.18,61,000.00

8. I therefore pray that the Hon’ble court may be pleased to pass a decree and judgement
in favour and against the defendant for

A. That, recovery of the suit amount of Rs.18,60,000.[Rupees eighteen lakh sixty

thousands only] due under the suit promissory note.
B. That, Subsequent interest @ 24% on the principle amount of Rs. 15,00,000/- from the
date of filing the suit till the date of realization
C. That, for cost of the suit; and
Grant such other relief or reliefs as the Hon’ble court may deems fit and proper in the
circumstances of the case, in the interest of justice and equity.
Filed by
Be pleased to
consider
Advocate for plaintiff
Deponent
Solemnly affirmed and signed before me on this the dt:,………….2020 at Nandigama.
IN THE COURT OF THE PRINCIPLE JUNIOR CIVIL JUDGE AT NANDIGAMA

O .S. No. OF 2020

BETWEEN:
Mr. Chandan ………………PLANTIFF
AND
Mr. Dhavansh ………………DEFENDANT

AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF U/S. 26(2) OF C.P.C

I, Chandan, s/o.xxxxx, Hindu, aged 30 years, private employee, R/O. Shivapuram

village, penuganchiprolu Mandal, Krishna District, do hereby solemnly affirm and
sincerely state on oath as follows.

I am the plaintiff herein and as such I am well acquainted with the facts of the case.

9. I humbly submit that the defendant borrowed a sum of Rs.15,00,000/- [RUPEES

FIFTEEN LAKH ONLY] from me on 19-12-2020 for the purpose of his business
expenses and after receiving the consideration at the same time the defendant
executed a written agreement for 15,00,000/- in my favour, agreeing to repay the
same together with interest @24% per month either to me or to my order on demand.
The suit promissory note was scribed by the defendant in his own hand writing.

10. I further submit that in spite of several demands made by me and on my behalf to the
defendant for repayment of the debt due under the above said promissory note dates
19-12-2020 and as been postponing the same by giving evasive and formal replies on
one pretext or the other. As the debt due under the promissory note to the defendant
dated 19-12-2020 is long outstanding due, I got issued a legal notice dated on
……………. For the repayment of debt. The defendant received the said legal notice
and got issued a reply notice dated …………… with all false and baseless allegations.
Hence I am constrained to file the suit for recovery of amount due under the
promissory note along with interest thereon.
 11. The Defendant is not a small farmer is a business man. Hence he is not entitled for
any under the debt and interest relief as per Law.

12. I therefore pray that the Hon’ble court may be pleased to pass a decree and judgement
in favour and against the defendant for

D. That, recovery of the suit amount of Rs.18,60,000.[Rupees eighteen lakh sixty

thousands only] due under the suit promissory note.
E. That, Subsequent interest @ 24% on the principle amount of Rs. 15,00,000/- from the
date of filing the suit till the date of realization
F. That, for cost of the suit; and
Grant such other relief or reliefs as the Hon’ble court may deems fit and proper in the
circumstances of the case, in the interest of justice and equity.
Filed by
Be pleased to
consider
Advocate for plaintiff
Deponent
Solemnly affirmed and signed before me on this the dt:,………….2020 at Nandigama.
IN THE COURT OF THE PRINCIPLE JUNIOR CIVIL JUDGE AT NANDIGAMA

O .S. No. OF 2020

BETWEEN:
Mr. Chandan ………………PLANTIFF
AND
Mr. Dhavansh ………………DEFENDANT

WRITTENSTATEMENT FILED ON BEHALF OF THE DEFENDANT U/O VIII

RULE 1 OF C.P.C.

1. The material allegations made in the plaint by the plaintiff are not true and correct.
The
Plaintiff is put in strict proof of all those allegations which are not specifically
admitted by the defendant in this written statement.

2. The allegations of the plaintiff in her plaint that the defendant borrowed a sum of
Rs.1500000/- from the plaintiff on 19-12-2020 for the business expenses and after
receiving the consideration at the same time , the defendant executed a demand
promissory note for Rs.15,00,000/- in favour of plaintiff agreeing to repay the same
together with the interest @24% per month either to the plaintiff or to her order on
demand; the suit promissory note was scribed by the defendant in her own hand
written not true and correct.

3. The further allegations of the plaintiff that in spite of demands made by and on her
behalf of the plaintiff to the defendant for re-payment of the debt under the suit
demand promissory note, the defendant did not choose to make any payment under
the demand promissory note dtd. ……. And had postponed the same by giving
evasive And formal replies  on one pretext or the other Debt under  demand
promissory note is a long outstanding  due  and so the plaintiff Court issued the legal
notice to the defendant and the defendant got issued the reply notice with all false and
baseless allegations and hance  the plaintiff filed the present suit for recovery of due
amount under suit  demand promissory note along with interest there on.
 4. it is to submit by the defendant that he did not  received the elegant  alleged Amount
of rupees 15 lacs on the date mentioned on the suit demand promissory note and the
executed the suit  demand promissory note in favour of plaintiff with  own hand
writing.  the defendant had already discharged    his debt  prior to the alleged date. of
borrowing that is dtd no debt   exist for a discharge by the defendant to the plaintiff as
on the date of filing of the suit by the plaintiff or subsequently till Date. therefore the
suit demand promissory note is a created document conveniently created by the
plaintiff the plaintiff is familiar with the signature of the defendant inconvenience to
collusion with the Alleged  attestors  who are interested persons  and got filed the
present suit to  the defendant and gain wrongful.

5. it is submitted that the defendant not involved in any business and  he do his own
business the defendant rightly got issued the reply notice to the notice of the plaintiff
dt:  advising the plaintiff not to find any Suit against the defendant with if created 
debt.  but the  plaintiff did not  adhered to.

6. it is submitted that as the suit demand promissory note is 1 created document for the
debt  which is not in existence dischargeable ,  the suit is not maintainable.

7. there is no cause of action to the plaintiff and the suit is liable  to be dismissed 

8. the defendant  therefore prayed that the Hon’ble Court may be pleased to dismiss the
suit with costs ,  in the interest of Justice.

 filed by    
                                                                                    be pleased to consider

 advocate for defendant

                                                                                      Defendant

 the defendant herein to hereby declare that what all submitted in the written statement true
and correct to the best of my knowledge, belief and information and believe  them to be true.
hence verified. 

NANDIGAMA.
DT:- DEFENDANT.