Observance of Civil Trial :- Marks - 30

Group C

Sl.No. Work to be done Marks Marks Remarks

allotted obtained
1. Case Number Title Suit no.- 03/2021 1
+2. Name of Yugal Kishore Singh 1
Plaintiffs S/O- Rameshwar Singh
R/O- Village- Thengaha Pargana
Bachhaur P.S- Khajauli, Dist. –
Madhubani
3. Name of 1.Thakai Singh S/O- Late Raghunath 1
Defendants Singh
2. Ramvilas Singh S/O- Late Waman
Singh
3. Jagdanand Singh S/O-Anirudh
Singh
4. Sacchidanand Singh S/O – Anirudh
Singh
All R/O- Village- Thengaha Pargana
Bachhaur P.S- Khajauli, Dist. –
Madhubani
4. Nature of Case Civil (declaratory, & possessory) 1
5. Substantive Law  The Specific Relief Act, 1963 1
applicable  The Indian Contract Act, 1872
 The Transfer of Property Act, 1882
6. Procedural law  The Code of Civil Procedure, 1908 1
applicable  Bihar Civil Procedure (Mediation)
Rules, 2008.
 The Indian Stamp Act, 1899
 THE REGISTRATION ACT, 1908
 THE COURT FEES ACT, 1870
 THE ADVOCATES ACT, 1961
7. Before which CNLU Munsif II+Mediation Centre 1
forum filed/ tried CNLU, Patna
8. Different stages 5
transpire as per (Annexed below)
the order sheet

9. Minutes of 5
Pleadings
(Annexed below)
10. Analysis of 3
Orders Sheet, in
terms of (Annexed below)
compliance of
decision made by
the court
11. Final Decision Case has been compromised through 5
st
Mediation. Defendant 1 set do pay to
the plaintiff amount Rs. 6000 through
Demand Draft. The ownership,
registered sale deed and the possession
of said 2 kattas of land of defendant
2nd set shall not be hindered disturbed
in any way by the plaintiff and
defendant 1st set. The plaintiff shall not
bring any fresh suit against the
defendant 1st set. He shall also not
bring any fresh suit for cancellation of
sale deed , possession, ownership
against the defendant 2nd set.

12. Check, which 5

orders are ‘Amendment to the Plaint’ is revisable
revisable or , order.
appealable etc….

Received on 17-05-2021

Deposited on 18-05-2021
 8.Different stages transpire as per the order sheet

Serial Date Stages of order sheet

no.

1 27/01/2021 Filing of plaint with 2 set of copies in t e court.

29/01/2021 court has directed to removed defects in plaint u/s 153 of CPC 1908. Suite has
not be instituted till yet.
2

3 31/01/2021 Suite has not been duly instituted u/O 4/section 26 of CPC 1908. Amenment
petition has been filed u/O rule 17.

4 02/02/2021 The suite is still u/O 6 and O 7 of CPC 1908.

5 04/02/2021 The court has passed order and amendment has been done u/O 6 rule 17.

6 05/02/2021 O 6 rule 17 has been complied

7 06/02/2021 Issue of summon u/O 5.

8 06/03/2021 Filing WS by the defendants u/O 8.

9 10/03/2021 Apperence of parties and examination of parties u/O 10 rule 2. The suite is
referred to mediation centre u/s 89.

10 26/03/2021 Mediation report has been received by the court.

11 28/03/2021 Compromised petition has been filed by plaintiff u/O 23 of CPC 1908.
 9.MINUTES OF PLEADINGS
This suit is filed regarding 2 kattas of raiyati land where the plaintiff alleges Mahadnama(
registered agreement of sale) was executed by defendant set 1 and wanted to get back the said
suit land from the above defendants set 1. Plaintiff alleged in the plaint that the defendant set 1
had taken some money at the time of execution of agreement of sale. Instead of agreement of
sale between both the defendant set 1 sold the said land to defendant set 2.

Defendant set 1 in his written statement admitted that he had executed agreement of sale and he
had taken money from plaintiff. He alleged that plaintiff failed to pay remaining amount of Rs-
1000 (one thousand only) and he was in dire need of money at that time and he sold said land to
defendant set 2. On 10/03/2021 Plaintiff, defendant set 1 & defendant set 2 all appeared in
person and upon examination under O10 Rule 2, all the parties are ready to resolve their dispute
outside the court.

After examination of Parties, court referred the matter before the Moot Mediation Centre CNLU,
Patna where a settlement agreement has been reached by both the parties. Then they have filed a
compromise petition under O. 23 of CPC as per settlement agreement reached between them in
the Mediation Centre CNLU, Patna.

The suit is resolved as per the settlement agreement by all the parties. The defendant 1 st set do
pay to the plaintiff amount of Rs 6000 through Demand Draft. The ownership, registered sale
deed and possession of the said 2 kattas of land of defendant 2 set shall not be hindered disturbed
in any way by the plaintiff & defendant 1 set.That the plaintiff shall not bring any fresh suit
against the defendant 1 set. He shall also not bring any fresh suit for cancellation of sale deed,
possession , ownership against the defendant 2 set.
10. ANALYSIS OF ORDERSHEET IN TERMS OF COMPLAINCE OF DECISION
MADE BY THE COURT

Sl. No. as DATE ANALYSIS OF ORDERSHEET , IN TERMS OF COMPLAINCE

per OF DECISION MADE BY THE COURT
ordersheet

2 29/1/2021 After stamp reporter raised the defect of payment of court fees, filing
of vakalatnama and signature in the prayer portion of the plaint by the
plaintiff, the Hon’ble Court directed the plaintiff to remove the
defects.

3 31/01/2021 Plaintiff has removed all the three defects.(compliance of court

decision dated 29/1/2021)

5 4/2/2021 Amendment petition for the plaintiff is allowed by the Hon’ble Court.
The court directed to delete all earlier reliefs in the plaint and add new
reliefs in the plaint within the time prescribed under O.6 Rule 17 of
CPC 1908

6 5/2/2021 Amendment takes places in the plaint(compliance of court decision

dated 4/2/2021)

6 6/2/2021 Notices were issued under both the process by the court.

The notice is properly served by the court staff to the two sets of
defendanst in talwara with goshwara. The notice is served on the
both sets of defendants by the plaintiff by submitting postal receipt in
the court in registered with acknowledgement due.(compliance done
before 6/3/2021)

8 6/3/2021 The Hon’ble court directed both the parties to appear physically for
examination under O. 10(2) of CPC 1908 on 10/3/2021.

9 10/3/2021 Both the parties appeared in person & upon examination under
O10(2) all the parties are ready to resolve their dispute outside the
court.( compliance of court decision dated 6/3/2021)

The court directed that this case may be referred to mediation before
moot mediation centre CNLU, Patna on 20.03.21.

20/3/2021 Both the parties appeared physically before Moot Mediation Centre
CNLU,Patna.(compliance of second part of court decision dated
10/3/2021)