Academic Tasks (22231)

Academic Task Number: CA-1 Course code: LAW440

Date of allotment: 3rd October, 2022 Course title: Mock Trial Civil Litigation
Date of submission: 20th October, 2022 Maximum Marks: 30 Marks
Academic Task Type: Situational-Problem Based

Question Question Statement Course Outcome Bloom’s level Marks per

Number Question

Q1 *** The Problem is given below

CO1 & CO2 L1: Appraise 30
• appraise the L2: Evaluate (Details mentioned
terminologi below)
es used in
practice in
civil cases
CO2
• evaluate the
requirement
s for the
Initiation of
civil suit

FACTS

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Mr. Manav Singh Rathore, aged 35 years, resident of Patel Chowk, New Delhi, s/o Shri Gajendra Singh Rathore, owns a business of
distributorship of dry fruits. Mr. Raghav Mehra, aged 33 years, resident of Chandichowk, New Delhi, s/o of Shri Rameshwar Mehra,
currently staying in Canada owns distributorship of textiles. Mr. Roop Saxena, aged 32 years resident of Greater Kailash, New Delhi,
s/o Shri Arvind Saxena, owns a business of manufacturing tich buttons.

The property which is in possession of Mr. Manav Singh Rathore is: area measuring 633 Sq. yards, bounded by East: Ruri of Jaspreet
Kaur and Ruri of Sardara Khan (95'-0"), West: House of Jaspal Arora (48'-4"), North: Passage (12' wide), Plot of Raghav Mehra (35'-
0"), Plot of Mr. Roop Saxena (33'-6"), South: Land of Joginder Singh (98'-0"), in which Mr. Manav Singh Rathore has constructed his
Kothi.

The property in possession of Mr. Raghav Mehra is: area measuring 426.6 Sq. yards, bounded by East: Passage-Length 114'-2" (12'
wide), West: Plot of Mr. Roop Saxena (116'-10"), North: Road (31' 6"), South: Kothi of Mr. Manav Singh Rathore (35'-0").

Both the properties are situated at Bapa Nagar, Hardayan Singh Road, Karol Bagh, New Delhi.

Mr. Raghav Mehra is residing in abroad and he executed the General Power of Attorney in favor of Mr. Manav Singh Rathore. The
power of attorney is still in existence and the same has not been cancelled or revoked till today.

Mr. Manav Singh Rathore, Mr. Raghav Mehra and Mr. Roop Saxena are partners in the construction-real estate business under the
name ‘Buniyad’. All of them purchased the whole property worth Rs. 5,00,000,00 under this partnership which is bounded as East:
Houses of Mangat Khan, Iqbal Khan, Mustaq Khan, and Ruries of Jaspreet Kaur, and Sardara Khan, (113'-3" + 95'-0"), West: Plot of
Bhinder Singh and House of Jaspal Singh (119'-6" + 48'-4"), North: Road (75'-0"), South: Land of Joginder Singh (98'-0"), from Sh.
Karam Singh son of Sh. Lachhman Singh, through registered sale deed No. 2652 dt. 25.10.2019 in equal shares.

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Although the sale deed was executed of the share 59/258 share out of total property, but the possession of the above-said plot was
delivered by Karam Singh son of Lachhman Singh to the three partners. The mutation No. 1266 on the basis of the sale deed qua the
land measuring XXX, was entered and sanctioned in favour of the them.

That in the month of May, 2020 the parties orally partitioned the above-said whole purchased property.

The property in South measuring 633 Sq. yards fell to the share of Mr. Manav Singh Rathore, and the property in North fell to the
share of Mr. Raghav Mehra and the remaining property i.e. 426.6 Sq. yards in West fell to the share of Mr. Roop Saxena.

It is to be noted that the excess area was given to Mr. Manav Singh Rathore, as the property which was given to him was at the back of
the properties fell to the share of Mr. Raghav Mehra and Mr. Roop Saxena and the shape the plot of Mr. Manav Singh Rathore was not
square.

The property/plots that fell to the share of Mr. Raghav Mehra and Mr. Roop Saxena were square and at the front side of the road. The
construction work of his Kothi started after partition and after the completion of construction work, Mr. Manav Singh Rathore had
planned to shift alongwith family members to the Kothi/ property. The construction work has been completed and the structure is such
that the passage is to be used for ingress and egress. Mr. Manav and family had shifted to the new property, however, in the face of
challenges faced they shifted back to their old residence at Patel Chowk. The underground outlet pipe was also laid down by Mr.
Manav Rathore in the site of passage.

The plot of Mr. Raghav Mehra and Mr. Roop Saxena are lying vacant.

The challenge arose when now Mr. Roop Saxena started resiling from any kind of settlement and arrangement and threatening and
trying to cause interference into the peaceful possession of Mr. Manav Singh Rathore and Mr. Raghav Mehra over their properties and
further threatening to dispossess them from the suit properties, illegally and forcibly, and further threatening to encroach upon and to
block the common passage left for the ingress and egress for Mr. Manav Rathore and family. On 25th September, 2021, Mr. Roop

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Saxena blatantly refused vide reply notice to Mr. Manav Singh Rathore and Mr. Raghav Mehra, to settle the matter and in turn gave
the above threats and finally and flatly refused to accede to the requests of Mr. Manav Rathore and Mr. Raghav Mehra.

Mr. Raghav Mehra also moved an application from abroad to Incharge N.R.I. Wing against Mr. Roop Saxena on 3rd October, 2021.
The inquiry of the same is still pending.

There was earlier a suit filed by Mr. Manav Rathore and Mr. Raghav Mehra against Mr. Roop Saxena on the possession of a part of
the property. The suit was a false suit against Mr. Roop Saxena. They later withdrew the said suit as it was totally false, frivolous and
vexatious to the knowledge of the plaintiffs.

The case on behalf of Mr. Roop Saxena was that Karam Singh was addicted to liquor and as his family was in need of finances, he
decided to sell 5 acre of the land out of total 6 acres and 15 2 gunthas to the three partners. According to him, Mr. Manav and Mr.
Raghav taking advantage fraudulently got the sale deed registered of the entire suit property, i.e., 6 acres and 15 gunthas. It is rather
said that the passage part of the property was sold to Mr. Roop even before the property was sold to three of them. The possession of
only 5 acre was handed over to them jointly. It is the case of Mr. Roop, no sooner he came to learn about the alleged apparent fraud by
Mr. Manav and Mr. Raghav as they tried to disturb his settled possession in the suit land, he instituted a criminal case against them
which was decided in his favour.

Thus, a suit is to be instituted by Mr. Manav Rathore and Mr. Raghav Mehra against Mr. Roop Saxena by filing a Plaint.

For CA-1

Draft a Plaint on behalf of the Plaintiffs in the current case. It should be supported by relevant documents.

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Draft:

• A Notice (from the side of Plaintiffs)- 6

• An Interlocutory Application- 7
• Plaint- 12
• Supporting Documents- 5
For Notice the marks will be allocated as:

Format: 2

Content (Drafting skill, use of legal language, clarity of concept, grammatically

correct, relevant information): 4

For Plaint the marks will be allocated as:

Court Name: 1

Correct Jurisdiction: 1

Content (Drafting skill, use of legal language, clarity of concept, grammatically

correct, relevant information): 6

Prayer: 2

Affidavit: 2

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Documents Attached- 5

LAST DATE OF SUBMISSION: 20th OCTOBER, 2022 (SOFTCOPY)

21st OCTOBER, 2022 (HARDCOPY)

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