PRACTICAL TRAINING PAPER-IV

(INTERNSHIP)

NOTEBOOK NO. – V

Name- PREETY UPADHYAY

Class- 10th Semester (5th Year)

Section – B

University Roll No. – L03/LLB/142035

University Registration No. – L03-1221-0682-14

College Roll No. – 92

Batch- 2014-2021

JOGESH CHANDRA CHAUDHURI LAW COLLEGE

CIVIL TRIAL

On 16th January, 2018, I had visited my learned senior

Namrata Basu, Advocate in Alipore District and

Sessions’ Court to observe a trial regarding Eviction of Licensee

where my senior’s client, i.e. Mr. Sanjib Roy, the plaintiff and/or

the licensor and he prayed before the Learned 3rd Civil Judge (Sr.

Divn) at Alipore for a decree of eviction of the licensee from the

suit property.

At about 10.30am, I with my senior entered the court room

where the learned Judge sat with all the departmental staffs and

there, I found that my senior’s client was also present.

Thereafter, the bench clerk called the Title Suit Being No. 226 of

2001 where my senior represented the client namely Sanjib Roy

and one of the Learned Advocate namely Satyasundar Sarengi

represented the licensee and/or the defendant in the suit, namely

Ronit Sen. Thereafter the Learned judge requested to my senior

for starting the trial through examining the witness on the dock.

Examination-in-Chief: 16th January 2018

On the request made by the Learned Judge, my senior instructed

the Plaintiff namely Sanjib Roy to appear on the dock and the

plaintiff appeared. Then the bench clerk instructed Mr. Sen to

take an oath on the basis of which was written in a board. Then

my senior took an examination-in-chief which was notarized,

tendered to the plaintiff and asked as follows:-

a. Whether he has filed any suit for eviction of the licensee. In

reply, the witness stated yes.

b. Whether the witness filed his statements through any

written version. In reply, the witness stated yes.

c. My senior tendered the examination- in-chief in the hand of

the witness and asked whether that was the written

statement Mr. Sanjib Roy, which as depicted by Witness’s

Learned Advocate as per instruction given by the witness to

his learned advocate and after thorough reading whether he

signed in every pages of the examination-in-chief. In reply,

the witness stated yes.

d. My senior asked the witness sharing the signature on the

Examination-in-chief, whether the signature was barred by

him. In reply the witness stated yes, he signed before the

Notary Public and thereafter that written documents i.e.

examination-in-chief was notarized.

e. My senior tendered the Deed of Conveyance and asked

about the document, its number, year, name of the vendor

and purchaser along with the name of the registration office.

In reply, the witness stated that the Vendor’s name was

Sujon Chatterjee and that the purchaser was himself, i.e.

the witness, Mr. Sanjib Roy and the deed was registered

before the Additional District Sub-Registrar at Alipore. It

was marked as Exhibit-I

f. My senior then tendered a tax bill to the hand of the witness

and asked about the detail of that document. In reply, the

witness stated that the document was a tax bill in the name

of the witness i.e. Mr. Sanjib Roy, issued by the K.M.C. in

respect of the suit property and that K.M.C. Tax Bill was for

the year 2019-2020. It was marked as Exhibit-II.

g. My senior tendered a notarial certificate where an

agreement was written. My senior asked the witness for the

detail of that document. In reply, the witness stated that the

document was an agreement executed in between the

witness and the defendant bearing about the terms and

conditions for the appointment of job of the Defendant in

respect of the suit property. It bears the signature of both

the parties in suit and the date of executions well as notary

was done on 20th June, 2015. They were marked as

Exhibition-III (after objection).

h. My senior further tendered some receipts to the witness and

asked about those receipts. In reply the witness stated that

those receipts are the monthly salary pay receipts, which

bear the signature of the defendant. Those were marked as

Exhibit-IV Series.

My senior thereafter informed the court that he has no

further question for the PW 1 at the moment and requested

the Learned Court to give an opportunity to the Learned

Advocate of the Defendant to cross examine the witness. The

learned Judge then deferred the cross-examination till the next

date.

CROSS-EXAMINATION: 29th January 2018

Mr. Sarengi started the cross-examination of PW 1.

A. The learned advocate of the defendant asked the witness

about what job was he occupied in and from which year. In

reply the witness, he worked for gain in a Software

Company since 2009.

B. The learned advocate for the defendant asked about the

qualification of the witness. In reply the witness stated that

he is a Computer Engineer.

C. The learned advocate asked the witness about the

knowledge of the defendant before appointing him as a

caretaker as alleged by the witness. In reply, the witness

stated that he knows the defendant since long through his

parental uncle.

That thereafter the learned advocate for the defendant, Mr.

Sarengi requested the learned Court to defer the cross today i.e.

16th January 2020 and the learned court asked for a petition to

defer the cross till the next day as fixed by the learned court to

resume again.

CRIMINAL TRIAL

On 19th September 2018, I visited my learned senior namely

Namrata Basu in Alipore District and Sessions Court,

where my senior was getting prepared to appear before the

Learned 8th Judicial Magistrate Court, Alipore and as such we

went to the said court room where I found one of the client of my

senior namely Jayati Hore was present with a file in her hand.

After some moments, the bench clerk called the Case Being No.

M.Case No. 2 of 2013. I came to know from my senior that the

case was registered under Section 125 of CrPC, which is a case

against non-maintaining the wife. And my senior represented

himself on behalf of the said client Jayati Hore. From the other

side, learned advocate Dhiren Kumar Samanta appeared on

behalf of the opposite party namely Suman Chakraborty. As such

the Learned Court instructed my senior to appear before the

Learned Court on the witness box. Thereafter as per the

instruction of my senior, Jayati Hore appeared on the witness

box and as per the direction of the bench clerk, she took an oath

on the dock as prescribed in a broad hanging in the witness box.

Examination-in-Chief: 19th September 2018

My senior took the file before Jayati Hore appeared in the witness

box and opened it. Thereafter he took the affidavit in written

which was notarized before the Notary Public. There were also

other papers in the file and my senior started the procedure of

examination-in-chief which are as follows:-

1. My senior firstly tendered the affidavit-in-chief to the

witness and asked whether she knows about the contents of

the affidavit-in-chief and whether her learned advocate had

written as per the instructions of her and whether she

signed to every pages of the affidavit-in-chief and whether

the sign depicted in the affidavit-inchief was of her’s or not.

In reply the witness answered that she filed the affidavit-in-

chief through her learned advocate and the affidavit-in-chief

was written as per her instructions. After going through the

contents, she bared her signature to every pages of the

affidavit-in-chief and the signature shown in affidavit-in-

chief belonged to her.

2. My senior then tendered a marriage invitation card to the

witness and asked for the details contained in the card. In

reply the witness answered that the invitation card

instituted in between Jayati Hore and the opposite party

namely Suman Chakraborty, she answered that the date of

their marriage was on 25th December 2009. The card was

marked as Exhibit A.

3. My senior then tendered 3 photographs of the marriage

ceremony of the witness and the opposite party with a

pendrive and a certificate to the witness and asked whether

the photographs bare the face of the witness as well as the

opposite party. The witness answered yes. Then my senior

asked about the contents in the pen drive. She asnswered

that she submitted the soft copy of the photographs through

pendrive because the photographs were taken through a

digital camera and she also answered that she submitted a

self certificate under Section 65B of the Indian Evidence

Act, declaring the detail of the photograph. The learned

advocate of the opposite party raised objection due to

improper submission of the photographs along with the

pendrive and the said certificate. The learned court after

considering all the facts marked those photographs,

pendrives along with certificate as Exhibit B Series (after

objection).

4. My senior further tendered the marriage ccertificate to the

witness andnasked for the detail. The witness answered that

document known as marriage certificate. That certificate

bared the registration of the date of their marriage before

the marriage registrar named D.K. Basu on 15th March 2010

at the office at 19A, Diamond Harbour Road, Kolkata

700067. And it was marked as Exhibit C.

5. My senior then tendered a document to the witness and

asked about the detail of that document. The witness

answered that there was a written complaint lodged before

the local Police Station which bared the date and signature

of the witness for non giving of maintenance to the witness.

That document was marked as Exhibit D.

6. My senior then tendered another document to the witness

and asked about the document. The witness answered that

the document belongs to the opposite party as well as the

name of the office as well as address along with the detail of

the monthly salary of the opposite party. The learned

advocate of the opposite party raised an objection and after

considering the objection raised by the learned advocate of

the opposite party, he learned court marked the document

as Exhibit E after objection.

That my senior asked the witness about the relief

seeking from the Learned Court. The witness submitted that she

want the monthly maintenance from the opposite party for her

daily expenses.

Thereafter ,my senior submitted before the Learned Court to

close the examination-in-chief and the learned advocate for the

opposite party started to cross examining the witness.

Cross-Examination:19th September 2018

A. The Opposite Party’s Learned Advocate asked the witness

about the educational qualification of the witness. In reply,

the witness answered that she completed her Bachelor

Degree in General Course.

B. Then he further asked the witness whether she will file her

all the papers regard to the pass out of B.A. degree. She

answered that she is not able to say without asking her

learned advocate to file the documents as asked for.

That the learned advocate of the opposite party requested

and/or submit before the learned court to defer the cross

examination on that day and fixed a next day for the same. The

learned Court considering the submission of the learned advocate

asked for a petition for deferring the cross and fixed the next date

for further cross examination.

Interview 1

On 7th October 2019, during my internship period with my senior

Advocate Namrata Basu, I got several chances of

witnessing some of the interviews at my Senior’s Chamber with

various types of clients regarding various matter of law and facts

which helped me to gather experience and knowledge about the

interaction with clients and giving assurance o solve their

problems through the competent Court of Law.

On 12th October, 2018, a client came to meet my senior for a

conference in our chamber as previously appointment was given

to him by my senior. My senior was busy with the other client

and requested him to wait for a moment.

The person and/or the client introduced himself to be Mr.

Ashim Sen, a private school teacher, who was the resident of 22,

Picnic Garden Road, Kolkata 700039. That client stated that he

had appointed a caretaker in respect of his another property

situated at 27, Bondel Road, Kolkata 700042, in which he is the

absolute owner by a registered deed of conveyance for the year

2015. He also stated that he verbally terminated the job of that

caretaker in respect of the property situated in Bondel Road, but

the caretaker didn’t pay any heed and furiously threatened that

client that he will not leave the property and never allowed that

client to enter in that property as that caretaker became the

owner of the property by way of Adverse Possession.

Consequently that client rushed before the local Police Station,

i.e. Tiljala Police Station along with the property documents to

lodge a complaint against that caretaker. The client brought

along with himself the same set of property documents from my

senior’s perusal and guidance. The police personnel suggested

him to go to a lawyer or an advocate for proper relief. From the

papers that he client had given, a notarized agreement executed

in between that client and that caretaker which contains certain

terms and conditions and bearing with full signature of that

client and the caretaker along with one witness.

Secondly that client had also given a registered deed of

conveyance by which that client became the absolute owner in

respect of the 920sq.ft. of land. Thereafter that client had shown

several pay slips which bear the amount of monthly salary issued

for the caretaker bearing the signature of that caretaker.

SUGGESTION BY THE ADVOCATE: My Senior suggested him to

file an eviction suit of licensee under Section 5 of the Specific

Relief Act before the Learned Civil Judge (Jr Divn) for recovery of

the possession from the caretaker. That client agreed with the

suggestion given by my senior and requested my senior and

requested my senior for preparing the necessary documents.

MY OBSERVATION: After observing the interview and taking

part in the preparation of required documents to be filed in the

court I learned about the reliefs a person can get by the court of

law through eviction suit. I further researched and learned about

the many case laws of Specific Relief Act in India. It was a good

learning experience for me.

Interview 2

On 29th March 2019, Mr. Suraj Kumar visited our chamber. He

had scheduled a conference with my senior, Namrata Basu on the previous day.

The client introduced himself as Suraj Kumar, a resident of 22/A,

Lake Gardens, Kolkata 700042 which is a joint undivided

property. That client stated that the property he resides originally

belonged to his father namely Raghav Kumar since deceased.

After the demise of his father, he and his younger brother, Sachin

Kumar became the joint owners in respect of that residence. That

residence consists of 4 cottahs of land on which a 2 storeyed

building standing thereon where one f the floor (First) was in

occupation of the younger brother, Sachin, and the ground floor

was in occupation under that particular client, Suraj. The

building consist of a Pakka Roof which was commonly used.

There were 2 tenants under his father and after the demise

of his father, the younger brother alone issued the rent receipt in

favour of those tenants and did not intent to give share to that

client. So that client asked my senior for a proper relief.

That client in support of his statement had shown a

certified copy of the Deed of Conveyance in the name of his father

in respect of 22/A, Lake Gardens, Kolkata 700042, a tax bill in

the name of his father, one sanctioned plan of the building and

death certificate of the father.

SUGGESTION BY THE ADVOCATE: My senior thoroughly gone

through the contents of the deed of conveyance along with all the

papers as given by the client. He then suggested him to file a

Partition Suit before the Competent Court of Law. As per

suggestion, that client agreed for fling the Partition Suit before

the Civil Judge (Sr. Divn) Alipore, South 24 Parganas.

PREPARATION OF DOCUMENT AND FILING: Thereafter my

senior called his stenographer and dictated all the facts and

prepared the plaint in the Court Premises as prescribed by my

senior to complete all the formalities for filing of the Partition.

Suit and signed every pages after going through the contents with

a Vakalatnama. Then, the 2 copies of plaint alongwith all the

annexures i.e. the papers given by that client was notarized by

the notary public. After through checkup my senior submitted all

the papers before the filing section and waited there for 5

minutes. Afterwards from the filing section, a receipt was given in

the hand of my senior which contains the registration number as

well as the filing number, Court’s name, etc.

MY OBSERVATION: I learned about the purpose of the Partition

in a joint undivided family. I further learned about the percentage

of share a person inherits after a person inherits certain property

by the demise of their parents or from the persons they can

inherit. It was quite interesting experience for me.