Mumbai University

3 Years LLB- Semester VI (March 2024),

Drafting Pleading & Conveyancing (DPC-III)
Questions & Answers complied by RK

Q1) What is a caveat?

Ans) The caveat in Latin means “let a person be aware” and in law, it
may be understood as a notice given asking not to act in a certain
manner without informing the person who gave such a notice. Under the
Civil Procedure Court, the provision of caveat is dealt with in Section
148A. Though CPC does not define caveat in the case of Nirmal Chand
v. Girindra Narayan, the court defined caveat as a warning given by an
individual to the court that no order or judgment shall be passed without
giving notice or without hearing the caveator. The person who files a
caveat is called the Caveator and the person who has instituted a suit
or is likely to do so is called caveatee.

Q2) Who can file a caveat?

Ans) caveat is an instruction given by an individual to the court that no
order or judgment shall be passed without giving notice or without
hearing the caveator
A caveat can be filed by any person who has a legitimate interest in a
case and anticipates that a suit affecting their rights or interests may
be filed in a court of law. This person is known as the caveator. The
caveator could be a necessary party, a proper party, or even a person
who is affected by any order of the court, even though they are not a
party to the case. However, a person who is a total stranger to the
case cannot lodge a caveat petition.
In essence, anyone who believes that their interests may be affected
by a legal proceeding can lodge a caveat under the Code of Civil
Procedure to safeguard their rights. This includes potential defendants
or anyone who believes that their interests may be affected by a legal
proceeding.

1
Q3) What is section 138 of NI Act deals with?
Ans) Section 138 of the Negotiable Instruments Act, 1881 (NI Act)
deals with the offence of dishonouring a cheque due to insufficiency of
funds.
The key provisions of Section 138:
➢ If a person draws a cheque on an account maintained by them with
a banker for payment of any amount of money to another person
from that account for the discharge, in whole or in part, of any
debt or other liability, and the cheque is returned by the bank unpaid
due to insufficiency of funds or it exceeds the amount arranged to
be paid from that account by an agreement made with that bank,
such person shall be deemed to have committed an offence.
➢ The cheque must have been presented to the bank within a period
of six months from the date on which it is drawn or within the period
of its validity, whichever is earlier.
➢ The payee or the holder in due course of the cheque makes a demand
for the payment of the said amount of money by giving a notice in
writing, to the drawer of the cheque, within thirty days of the
receipt of information by him from the bank regarding the return of
the cheque as unpaid.
➢ The drawer of such cheque fails to make the payment of the said
amount of money to the payee or, as the case may be, to the holder
in due course of the cheque, within fifteen days of the receipt of
the said notice. Under such circumstances, the person committing
the offence can be punished with imprisonment for a term which may
be extended to two years, or with fine which may extend to twice
the amount of the cheque, or with both.

Q4) What is a plaint?

Ans) A Plaint is a legal document that contains the content of any civil
suit which shows the Plaintiff’s claim after filing suit. The plaint is the
first step of the Plaintiff in the form of a legal document for the
commencement of suit and it shows what a Plaintiff wants from that
suit. The concept of a plaint is mentioned in the Civil Procedure Code.
Through the help of plaint, the plaintiff narrates or describes the cause
of action and related information which is considered as essential from

2
the viewpoint of the suit. It hasn’t been defined in the CPC, but it has
been laid down under Order VII of the CPC.

Q5) Distinguish between plaint and written statement in CPC?

Plaint Written Statement
A plaint is the initial statement of A written statement is a reply
claim that initiates a lawsuit from the defendant to the plaint
led by the plaintiff
It is filed by the plaintiff stating It is the pleading of the
its facts and relief to be claimed defendant where he deals with
The plaint contains the details of the material fact alleged by the
the plaintiff’s claim and what they plaintiff in his plaint
seek from the lawsuit
It showcases the grievances of In a written statement, the
the plaintiff & the causes of defendant can deny the
action that can arise out of the allegations made in the plaint
suit against him. Apart from this, he
can also claim to set off any sums
of money payable by the plaintiff
to him as a counter-defence.
Plaint is filed by Plaintiff or by A written statement may be filed
his duly authorised advocate by the defendant or by his duly
authorized advocate. A written
statement must be filed within
thirty days from the service of
the summons on him.

Q6) What is an appeal?

Ans) An appeal in the Code of Civil Procedure (CPC) serves as a vital
avenue for seeking redress and ensuring justice. When parties involved
in a court proceeding are discontented with the judgment, they can
turn to the higher courts for a fresh evaluation of their case. This
process empowers individuals to present compelling arguments and
challenge the lower court’s decision on legal or factual grounds.
The concept of ‘appeal’ is not explicitly defined in the CPC1. According
to the Black’s Law Dictionary, ‘appeal’ is the formal complaint made to
a higher court to rectify an injustice or error committed by a lower
court. The Superior Court, to which the appeal is made, reviews and
3
retrials the case, effectively transferring it from a court of lower
jurisdiction to one with greater authority.
An appeal under CPC is a legal process in which a higher forum reviews
the decision of a lower forum on both legal and factual grounds. The
higher forum has the jurisdiction to either uphold, reverse, modify the
decision, or send the case back to the lower forum for a fresh decision,
following the directions given by the higher forum.

Q7) What are the requirements of filing 1st appeal?

Ans) The requirements for filing a first appeal under the Code of Civil
Procedure, 1908 (CPC) are as follows:
Decree or Order: There should be a decree passed by a judicial or
administrative authority.
Aggrieved Person: An aggrieved person, not necessarily a party to the
original proceeding.
Reviewing Body: A reviewing body instituted for the purposes of
entertaining such appeals.
Section 96 of the CPC provides that an appeal shall lie from a decree
passed by any court exercising original jurisdiction to the authorized
appellate courts, except where expressly prohibited.
The appeal must be presented in a memorandum setting forth the
grounds on which the appeal is sought. It must be signed by the
appellant or his pleader. The appeal must be accompanied by a certified
copy of the judgement of the subordinate court.

Q8) What is written statement?

Ans) A written statement is a reply from the defendant to the plaint
led by the plaintiff.
It is the pleading of the defendant where he deals with the material
fact alleged by the plaintiff in his plaint.
In a written statement, the defendant can deny the allegations made
in the plaint against him. Apart from this, he can also claim to set off
any sums of money payable by the plaintiff to him as a counter-
defence.
A written statement may be filed by the defendant or by his duly
authorized advocate. A written statement must be filed within thirty
days from the service of the summons on him. However, this period can
4
be extended up to ninety days from the date of service of summons by
the court for reasons to be recorded in writing.
There are several rules in Order VIII that govern how and when the
written statement should be filed, and also the consequences for not
filing.

Q9) Write a note on Summary Suit?

Ans) The Code of Civil Procedure, 1908 provides for various mechanisms
for the speedy disposal of cases. One of such mechanisms is the
Summary Suit. Summary Suit is a legal proceeding in which the plaintiff
seeks to recover the debt or liquidated demand in a swift and expedited
manner. Order 37 of CPC, lays down the procedure for filing and
adjudication of summary suits.
A summary suit can be instituted by presenting a plaint with specific
averments that the suit is filed under this Order. The defendant is
required to enter an appearance and is deemed to admit the allegations
if he fails to do so. The plaintiff is entitled to a decree for the amount
claimed if the defendant does not enter an appearance or fails to get
leave to defend
The main objective of a summary suit is to provide for a quick and
efficient legal remedy to recover debts or liquidated demands without
going through the normal process of a regular civil suit. The summary
suit procedure is only available for cases where the plaintiff’s claim is
a debt or a liquidated demand that arises out of a written contract,
an enactment or on a guarantee.
The summary suit procedure is beneficial for both parties. For the
plaintiff, it provides a faster remedy and for the defendant, it provides
an opportunity to defend the claim without being subjected to
protracted and time-consuming litigation.
It is important to note that the summary suit procedure does not
provide for an appeal against the summary decree. The only remedy
available to the defendant is to file a regular suit challenging the
decree.

Q10) What are the fundamental rules of pleading in respect of

drafting a plaint?
Ans) While drafting a plaint, the following fundamental rules of
pleading, as outlined in the Code of Civil Procedure, should be taken
care of:
5
➢ Plead Facts, Not Law: Pleadings should state facts and not law. The
parties are under the duty to state the facts on which they are
claiming their compensation. The court shall apply the law as per the
stated facts to render the judgement.
➢ Material Facts: The facts stated in pleadings should be material
facts. Material facts are the backbone of every suit of civil nature.
They are the respective contentions of the parties to a dispute which
are reduced into writing so that they can be clear, concise, and
unambiguous.
➢ No Evidence in Pleadings: Pleadings should not state the evidence.
The evidence to prove the facts is not to be pleaded. The evidence
is to be produced at the time of the trial.
➢ Concise Form: The facts stated in pleadings should be stated in a
concise form. This is to ensure that the pleadings are not
unnecessarily lengthy and complicated.
These rules are designed to ensure that both parties have a clear
understanding of what is being claimed and on what grounds, which helps
in ensuring a fair and efficient legal process.

Q11) What is a consumer complaint?

Ans) In a legal context, if a seller has sold a defective product or a
service provider has provided inadequate service, one can seek relief
under the law by filing a Consumer Complaint. A Consumer Complaint is
a formal complaint against a seller or service provider and is filed
before the appropriate consumer forum (also called consumer court).

Q12) What is a testamentary proceedings?

Ans) The Indian Succession Act of 1925 serves as the guiding legislation
for matters related to wills and testamentary succession in India.
Testamentary proceedings refer to the legal process that takes place
after a person’s death, in accordance with the provisions outlined in a
legally executed will. This type of succession occurs when the deceased
individual has made explicit provisions for the distribution of their
estate through a valid will.
The proceedings involve the execution and validation of the will, the
appointment and powers of executors, and the distribution of assets in
accordance with the wishes expressed in the will.

6
Q13) What is notice of motion?
Ans) A “Notice of Motion” is a formal step in the legal process,
signalling one party’s intent to seek a court’s decision on a specific
issue. It’s a critical document that outlines the motion’s details and
notifies all parties involved. Some key points about a Notice of Motion:
➢ Written Application: A notice of motion is a written application to
the Court. This document requests the Court to issue a ruling or
order on a legal matter.
➢ Procedural Issues: Their purpose is usually to resolve procedural
issues, provide mediation, or seek judicial direction in a case.
➢ Notification: It is a formal notification to one or more parties that
the named party has filed a motion (involving them in a lawsuit)
before a court which will be heard on the stated date.
➢ Service: The notice must be delivered not only to the proper court,
but also served to the opposing party. This gives the party an
opportunity to prepare an opposing argument on the matter, and when
it is brought up in court, there are no surprises and the issue may
be settled in an expedient manner.

Q14) Explain the concept of complaint for dishonour of cheque?

Ans) A complaint for dishonour of cheque, often referred to as a
“cheque bounce” case, is a legal recourse available under section 138
of the Negotiable Instruments Act, 1881.
Dishonour of Cheque: A cheque is said to be dishonoured when the bank
refuses to pay the amount mentioned on the cheque to the payee. This
could be due to insufficient funds, a mismatch of signatures, or if the
cheque is post-dated.
Legal Notice: If a cheque is dishonoured, the payee (holder of the
dishonoured cheque) can send a legal notice to the drawer (issuer of
the cheque) demanding payment within a specified period.
Filing a Complaint: If the drawer fails to make the payment within the
stipulated time after receiving the legal notice, the payee can file a
criminal complaint against the drawer. The complaint should be filed
within 30 days from the expiry of the notice period.
Legal Proceedings: The case is heard before a magistrate in a criminal
court. The purpose is to provide a legal remedy to the holder in due
7
course and deter the practice of issuing cheques without sufficient
funds.

Q15) Explain the art of drafting?

Ans) Drafting in general means, putting one’s own ideas in writing.
Drafting of any matter is an art. Drafting of legal matters requires
greater skills and efficiencies. It requires thorough knowledge of law,
procedure, settled judicial principles, besides proficiency in English
language. A perfect drafting of matters in relation to suits,
applications, complaints, writ petition, appeals, revision, reviews and
other such matters connected therewith shall obviously lead to good
result in terms of money, time, energy and expectation of not only the
learned members of the Bench, but also the Bar as well as the parties
to the litigation. It creates a congenial atmosphere where the glory of
the judiciary and the Law grows to sky heights.

Q16) What is bail and types of bail?

➢ Section 2(a) of CrPC defines bailable offences as the offence that
has been shown in the First Schedule as bailable or which is made
bailable by any other law for the time being in force.
➢ The first schedule of the CrPC is divided into two parts wherein the
first part deals with the offences given under IPC and the second
part deals with the offences under other laws.
➢ As per the last item of the First Schedule, an offence in order to
be bailable would have to be an offence which is punishable with
imprisonment for less than three years or with fine only.
➢ Some of the common bailable offences are: Simple Hurt (Section
337; IPC), Bribery (Section 171E; IPC), Public Nuisance (Section
290; IPC), Death by Rash or Negligent Act (Section 304A; IPC).
➢ bail is a term which means release of a person arrested by furnishing
a security and with certain conditions such as not leaving the
jurisdiction.
➢ There are commonly three types of bail such as anticipatory bail,
interim bail and regular bail.

Q17) What is anticipatory bail?

➢ anticipatory bail is the bail which is taken even before arrest when
there is an apprehension of such arrest.
8
➢ Most of the times frivolous cases are filed against persons and
anticipatory bail can be taken as a recourse.
➢ Section 438 of crpc deals with anticipatory bail in detail

Q18) Write a note on divorce by mutual consent?

Ans) Divorce by mutual consent, also known as mutual divorce, is a legal
process where both spouses agree to end their marriage. This process
is governed by the respective laws of the country. In India, for
example, it is governed by the Hindu Marriage Act of 1955.
The key steps involved in a divorce by mutual consent:
➢ Joint Petition: Both parties file a joint petition in the court stating
that they are unable to live together and seek the dissolution of
their marriage.
➢ First Motion: A statement is recorded confirming the contents of
the petition.
➢ Cooling-off Period: A period of six months is given before the Second
Motion. This period is given to give both parties time to reconsider
their decision.
➢ Second Motion: If both parties still want to proceed with the divorce
after the cooling-off period, they can proceed to the second motion.
➢ Final Decree: After hearing both parties, if the court is satisfied,
it may pass a decree of divorce declaring the marriage to be
dissolved.

9
 Legal Drafting

Q1) Notice u/s 138 of NI Act for Cheque Bouncing.

01/03/2024
Shri. R. K Singh,
MIG Colony,
Bandra East,
Mumbai 400 051.
Maharashtra.

Subject: Legal Notice under Section 138 of the Negotiable

Instruments Act, 1881

Dear R.K Singh

I am writing this letter in reference to the cheque no. 123456,

dated 31/12/2023 drawn on ABC Bank Limited, for an amount of Rs.
100000/- (Rupees One Lakh only) issued by you in my favour towards
purchase consideration of goods supplied. This cheque was presented
for payment but was dishonoured by your bank with reason “Fund
Insufficient” which was intimated to us by cheque return memo dated
01/02/2024
This act of yours is a clear violation of Section 138 of the
Negotiable Instruments Act, 1881. I hereby demand you to make the
payment of the said amount within 15 days from the receipt of this
notice, failing which I will be compelled to initiate legal proceedings
against you, without any further notice.
This notice is being issued to you in accordance with Section 138
of the Negotiable Instruments Act, 1881.
This is without prejudice to all other legal rights and remedies
available to me for the above-stated purpose.
You are also liable to pay a sum of Rs.1000/- as necessary cost
and expenses of sending the present legal notice to you.

Yours faithfully;
Mrs. Jamna Singh
135, LIG Colony,
Ghatkopar East, Mumbai 400075.
10
Q2) Notice u/s 138 of NI Act for Cheque Bouncing sent by legal
advocate.

01/03/2024
Shri. R. K Singh,
MIG Colony,
Bandra East,
Mumbai 400 051.
Maharashtra.

Subject: Legal Notice under Section 138 of the Negotiable

Instruments Act, 1881

Dear Sir;

Under instructions and authority from my client M/s. ABC

Limited, we serve upon you the following legal notice.
This is to intimate that the cheque no. 123456, dated
31/12/2023 drawn on ABN Bank Limited, for an amount of Rs.
100000/- (Rupees One Lakh only) issued by you in favour of my client
towards purchase consideration for goods supplied was presented for
payment but was dishonoured by your bank with reason “Fund
Insufficient” which was intimated to our client by cheque return memo
dated 01/02/2024.
This act of yours is a clear violation of Section 138 of the
Negotiable Instruments Act, 1881. We hereby demand you to make
the payment of the said amount within 15 days from the receipt of
this notice, failing which we will be compelled to initiate legal
proceedings against you, without any further notice.
This notice is being issued to you in accordance with Section 138
of the Negotiable Instruments Act, 1881.
This is without prejudice to all other legal rights and remedies
available to my client for the above-stated purpose.
You are also liable to pay a sum of Rs.1000/- as necessary cost
and expenses of sending the present legal notice to you.

11
 M/s XYZ & Co,
Advocates & Legal Consultants
135, LIG Colony,
Ghatkopar East, Mumbai 400075.

12
Q3) Legal Notice for recovery of money.
01/03/2024
Shri. R. K Singh,
MIG Colony,
Bandra East,
Mumbai 400 051.
Maharashtra.

Dear Sir;

Subject: Legal Notice for Recovery of Money

Upon instruction and on behalf of my client, M/s. ABC Limited, I

write to you and state as follows:
1. My client operates a business at 135, LIG Colony, Ghatkopar East,
Mumbai 400075, Maharashtra.
2. My client had left with some unsold stock of materials of steel rods
and you contacted him for the purchase of the same.
3. You agreed to buy back the stock at cost price, being valued at
around Rs.100000/- (Rupees One Lakh only)
4. Based on mutual understanding, my client dispatched the stock by
way of courier on 01/01/2023 which was duly delivered to you at your
commercial address your above mentioned address on 03/01/2023.
5. You assured my client that you would make payment for the stock
sold to you within a period of 90 days.
6. However, you defaulted in the payment of my client’s legitimate dues
on several occasions and have been stalling your obligations for over a
year.
7. When confronted regarding the payment, you outright refused to
provide a concrete answer, and you have severed all means of
communication ever since.
8. This notice is to demand the payment of Rs.100000/- (Rupees One
Lakh only) within 15 days from the receipt of this notice. Failure to do
so will compel my client to initiate appropriate legal proceedings against
you to recover the said amount along with interest and legal costs.

M/s XYZ & Co,

13
 Advocates & Legal Consultants
135, LIG Colony,
Ghatkopar East, Mumbai 400075.

14
Q4) Caveat in Hon’ble Supreme Court against the civil order passed by
Hon’ble High Court.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) OF 20__

(Caveat against the judgment and order dated 01/03/2024 passed by

the Hon'ble High Court of Mumbai in the Civil Case No. 1249 of 2021)

IN THE MATTER OF:

Shri. R. K Singh,
MIG Colony, Bandra East,
Mumbai 400051
CAVEATOR/ PROPOSED RESPONDENT

VERSUS

Mr. Bansuri s /o Mr. Laxman Prasad

135, LIG Colony, Ghatkopar East,
Mumbai 400075
(PROPOSED PETITIONER/ APPELLANT/OPPOSITE PARTY)

To,
The Registrar,
The Supreme Court of India,
New Delhi.

Dear Sir,

Subject: Caveat against the judgment and order dated 01/03/2024

passed by the Hon'ble High Court of Mumbai in the Civil Case No.
1249 of 2021.

1. This is to inform you that the instant caveat is being filed in relation
to the aforesaid judgment and order dated 01/03/2024 passed by
15
 the Hon'ble High Court of Bombay in the Civil Case No. 1249 of
2021.
2. It is stated that the Opposite Party in the Civil Case No. 1249 of
2021 is likely to file a special leave petition challenging or assailing
the judgment and order dated dated 01/03/2024 passed by the
Hon'ble High Court of Bombay in the Civil Case No. 1249 of 2021.
3. Let nothing be done in the above matter without prior notice to the
caveator (s)/ proposed Respondent (s).
4. Any interim application filed in the suit by the opponent against the
Caveator in this Hon’ble Court may be notified to the Caveator
before passing any order in such Caveat application which the Court
deems appropriate.

Enclosed herewith is a vakalatnama duly signed on behalf of the

caveator who is the Petitioner before the Hon'ble High Court of Bombay
in the Civil Case No. 1249 of 2021

M/s XYZ & Co,

Advocates & Legal Consultants
ADVOCATE-ON-RECORD (AOR)
135, LIG Colony,
Ghatkopar East,
Mumbai 400075
March 03, 2024

16
Q5) Draft a plaint for recovery of damages for supply of defective
goods by a dealer.

IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,

THANE
CIVIL SUIT NO. 1200 OF 2021

Shri. R. K Singh,
MIG Colony, Bandra East,
Mumbai 400051
....PLAINTIFF

VERSUS

Mr. Bansuri s /o Mr. Laxman Prasad

135, LIG Colony, Ghatkopar East,
Mumbai 400075
....DEFENDANT

PLAINT UNDER CONSUMER PROTECTION ACT 2019

MOST RESPECTFULLY SHOWETH:

1. That the plaintiff is a resident of MIG Colony, Bandra East, Mumbai

400051 and the defendant is a dealer operating at Ghatkopar East,
Mumbai.
2. That on 01.08.2023, the plaintiff purchased Electric microwave
from the defendant for a sum of Rs. 25000/-
3. That the defendant assured the plaintiff that the goods were of
high quality and free from any defects.
4. That upon using the goods, the plaintiff discovered that the goods
were defective and not of the quality as was assured by the
defendant.
5. That the plaintiff immediately informed the defendant about the
defects in the goods and requested the defendant to replace the
goods or refund the purchase amount.

17
6. That despite several reminders, the defendant has failed to replace
the goods or refund the purchase amount.
7. That the plaintiff has suffered a loss due to the defective goods
supplied by the defendant and is entitled to compensation.

PRAYER:

It is, therefore, most respectfully prayed that this Hon'ble Court may
be pleased to:

a) Pass a decree in favor of the plaintiff and against the defendant

for a sum of Rs. 25000/- along with interest @ 12% p.a. from the
date of filing of the suit till realization.

b) Award the cost of the suit in Favor of the plaintiff.

c) Pass any other order(s) that this Hon'ble Court deems fit in the
interest of justice.

PLAINTIFF
Through
Advocate
M/s XYZ & Co,
Advocates & Legal Consultants

18
Q6) Drafting a Written Statement.

IN THE COURT OF THE CIVIL JUDGE, SENIOR DIVISION,

THANE
CIVIL SUIT NO. 1200 OF 2021

Shri. R. K Singh, S/O Shri. Krishnaprasad Singh

MIG Colony, Bandra East,
Mumbai 400051
....PLAINTIFF

VERSUS

Mr. Bansuri s /o Mr. Laxman Prasad

135, LIG Colony, Ghatkopar East,
Mumbai 400075
....DEFENDANT

WRITTEN STATEMENT OF BEHALF OF THE DEFENDANT

MOST RESPECTFULLY SHOWETH:

PRELIMINARY OBJECTIONS:
1. That the suit is barred by limitation under of the Limitation Act and
is liable to be dismissed on this short ground alone.
2. That the suit has not been properly valued for the purpose of court
fees and jurisdiction and is therefore liable to be rejected
outrightly.
3. That there is absolutely no cause of action in favour of the Plaintiff
and against the Defendant. The suit is therefore liable to be
rejected on this ground also.
4. That the Plaintiff’s suit for permanent injunction is barred by
Section 41 (h) of the Specific Relief Act since a more efficacious
remedy is available to the Plaintiff.
5. That the Plaintiff’s suit for permanent injunction is also barred by
Section 41 (i) of the Specific Relief Act because he has not
approached this Hon’ble Court with clean hands and his conduct has
been most unfair, dishonest and tainted with illegality.
19
6. That the suit is liable to be dismissed outrightly as the Plaintiff has
not given the mandatory notice under Section 80 of the Code of
Civil.
ON MERITS: Without prejudice to the preliminary objections stated
above, the reply on merits, which is without prejudice to one another,
is as under
7. That para 1 of the plaint is correct and is admitted.
8. That the contents of para 2 of the plaint are denied for want of
knowledge. The Plaintiff is put to the strict proof of each and every
allegation made in the para under reply.
9. That the contents of para 3 of the plaint are absolutely incorrect
and are denied. It is specifically denied that the Plaintiff is the
owner of the suit properly. As a matter of fact, Mr. N is the owner
of the suit properly.
10. That with respect to para 4 of the plaint, it is correct that the
Defendant is in possession of the suit properly. However, the
remaining contents of para under reply are absolutely incorrect and
are denied.
11. That para 5 of the plaint is incorrect and is denied. There is no
cause of action in favour of the Plaintiff and against the Defendant.
The plaintiff is therefore liable to be rejected outrightly.

PRAYER:
It is, therefore most respectfully prayed that this Hon’ble Court may
be pleased to:
a) Dismiss the suit of the plaintiff.
b) Award costs to the defendant.
c) Pass any other just and equitable order as deemed fit in the interest
of justice.

DEFENDANT THROUGH
ADVOCATE
Place________
DATE_________

VERIFICATION: Verification at Mumbai on 3rd day of March, 2023

that the contents of paras 1 to 6 of the preliminary objection and para

20
7 to 11 of reply on merits are true to my personal knowledge and belief.
Last para is prayer to the Hon’ble Court.

DEFENDANT

21
Q7) Draft a bail application
Ans)
APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL
PROCEDURE 1973 FOR GRANT OF BAIL

BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT Bandra

East, Mumbai, Maharasthra

In The Matter Of
State
VS
Shri. R. K Singh, Resi of MIG Colony, Bandra East, Mumbai herein
called as Applicant.

FIR Number: 1001/2023

Under Section: Section 290 of IPC (Public Nuisance)
Police Station: Bandra East, Kherwadi Police Station
Accused under custody since: March 25, 2023

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts.
The facts stated in the FIR are fabricated, concocted and without any
basis.
2. That the police has falsely implicated the applicant and arrested him
in the present case, the applicant is a respectable citizen of the society
and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are
civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor
any kind of custodial interrogation is required, nor any recovery is to
be made at the instance of the applicant.
5. That the applicant is having very good antecedents, he belongs to
good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances
of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the
police/court as and when directed.

22
8. That the applicant undertakes that he will not, directly or indirectly
make any inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the
evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous
permission of the Court.
11. That the applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in connection
with the case.
PRAYER
It is therefore prayed that the court may order for the release of the
applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts
and circumstances of the case may be also passed in favor of the
applicant.

APPLICANT

THROUGH
COUNSEL

23
Q8) Draft an Anticipatory Bail Application.
APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL
PROCEDURE 1973 FOR GRANT OF ANTICIPATORY BAIL

BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT Bandra

East, Mumbai, Maharasthra

In The Matter Of
State
VS
Shri. R. K Singh,
Resi of MIG Colony,
Bandra East, Mumbai
herein called as Applicant.

FIR Number: 1001/2023

Under Section: Section 290 of IPC (Public Nuisance)
Police Station: Bandra East, Kherwadi Police Station

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts.
The facts stated in the FIR are fabricated, concocted and without any
basis.
2. That the police has falsely implicated the applicant and arrested him
in the present case, the applicant is a respectable citizen of the society
and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are
civil disputes and does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor
any kind of custodial interrogation is required, nor any recovery is to
be made at the instance of the applicant.
5. That the applicant is having very good antecedents, he belongs to
good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances
of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the
police/court as and when directed.

24
8. That the applicant undertakes that he will not, directly or indirectly
make any inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing such facts
to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the
evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous
permission of the Court.
11. That the applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in connection
with the case.
PRAYER
It is therefore prayed that the Applicant may kindly be granted
anticipatory bail U/s 438 of CrPC. and the Sr. Police Officer of
concerned Bandra East police station may kindly be directed not to
arrest the petitioner or to release the applicant/petitioner on bail in
the event of their arrest
Any other order which the court may deem fit and proper in the facts
and circumstances of the case may be also passed in favor of the
applicant.

APPLICANT

THROUGH
COUNSEL

25
Q9) File a complaint u/s 138 of NI Act for dishonour of cheque.

IN THE COURT OF MAGISTRATE, KURLA

COMPLAINT NO 1000 OF 2023

IN THE MATTER OF:

Mr. R. K Singh.
MIG Colony,
Bandra East,
Mumbai 400 051.
Maharashtra.
....COMPLAINANT

VERSUS
Mrs. Jamna Singh
135, LIG Colony,
Ghatkopar East, Mumbai 400075
....ACCUSED

Police Station: Charai Police Station, Thane

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE
SUM OF RS. 100000/- (RUPEES ONE LAKH ONLY)

MOST RESPECTFULLY SHOWETH:

1. That the present complaint is being field by the complainant Mr.

R. K Singh to cause appearance in this Hon'ble Court and to depose and
conduct the proceedings.
2. That on March 01, 2023 the accused namely Mrs. Jamna Singh
had approached the complainant personally and asked for a friendly loan
of Rs. 100000/-.
3. That on March 01, 2023 complainant paid Rs. Rs. 100000/-.
(Rupees One Lakh only as friendly loan repayable on demand.
4. That in order to discharge their above said liability and in
accordance with the agreed terms and conditions, the accused had
issued Cheque No. 123456 Dated 31/12/2023 for Rs. 100000/- drawn
26
on ABN Bank Limited, Ghatkopar Branch. The said cheque was issued
from Account No. 906104XXXX381 which is held in the name of the
accused.
5. The cheque no. 123456, dated 31/12/2023 drawn on ABN Bank
Limited, for an amount of Rs. 100000/- (Rupees One Lakh only) issued
by accused in favour of complainant towards refund of loan was
presented for payment but was dishonoured by the bank with reason
“Fund Insufficient” which was intimated cheque return memo dated
01/02/2024.
6. That the present complaint is based on the dishonor of the above
said cheque which was issued in discharge of a lawful debt.
7. That at the time of handing over the above said cheque the
accused had assured the complainant that the said cheque will be
honored/encashed on presentation. Taking the above
assurance/representation as true, the complainant had accepted the
above said cheque.
8. That the dishonor of the cheque clearly shows and establishes
that the accused did not intend to honor the amount under the said
cheque.
9. That on account of the dishonor of the said cheque, the complainant
had served a legal notice dated 02.02.2024 upon the Accused by way
of Registered Post vide Receipt No. 101000 dated 02.02.2024.
However, despite service of notice, the accused has not taken any steps
to liquidate his liability and has failed to make balance payments to the
complainant towards the amount covered under the said cheque, within
the statutory period of 15 days or thereafter.

PRAYER:

It is, therefore, most respectfully prayed that this Hon'ble Court may
be pleased to:

a) Take cognizance of the offence committed by the accused under

Section 138 of the Negotiable Instruments Act, 1881.
b) Summon the accused to face trial for the offence committed by him
under Section 138 of the Negotiable Instruments Act, 1881.

27
c) Pass a decree in favor of the complainant and against the defendant
for a sum of Rs. 100000/- along with interest @ 12 % p.a. from the
date of filing of the suit till realization.
d) Award the cost of the suit in favor of the complainant.
e) Pass any other order(s) that this Hon'ble Court deems fit in the
interest of justice.

Mr. R. K Singh.
COMPLAINANT
Through
Advocate

28
Q10) Petition for Succession Certificate u/s 372 of Indian
Succession Act.

IN THE COURT OF DISTRICT AND SESSION JUDGE, MUMBAI

AT: KURLA

BETWEEN
1. Mrs. Maria D’Souza W/O John D’Souza
Age: 45 years:
Occupation : Teacher
Resident of H. No. 12, High Street, Camp, Mumbai
2. Mr. Albert D’Souza S/O John D’Souza
Age: 20 years
Occupation: Student
Resident of H. No. 12, High Street, Camp, Mumbai
…………………APPLICANTS
And
NIL
……………….RESPONDENTS

PETITION FILED UNDER SECTION 372 OF THE INDIAN

SUCCESSION ACT, 1925
Herein, the Applicant above named most respectfully submits as under:

1. That, the deceased, Late Mr. John D’Souza, hereinafter

referred to as “the deceased”, died intestate on 15.10.2022 at
Mumbai.
2. That, prior to and at the time of death of the said deceased, he
had his fixed place of residence at Mumbai, within the Jurisdiction of
this Hon’ble Court.
3. He resided at High Street Camp, Mumbai. At the time of death,
he was in Mumbai. He left assets worth Rs. 10,00,000/- (Rupees Ten
Lakhs Only) and Liabilities worth Rs. 1,00,000/ (Rupees One Lakh
Only).
4. That, the said deceased left behind him his wife Applicant No. 1
above named and a son Applicant No. 2.
5. That, the said deceased was governed by the Indian Succession
Act, 1925 and the Applicants No. 1 and 2 being his legal heirs under
29
the said law are entitled to succession certificate in respect of his
assets and properties, debts, and securities.
6. That, the said deceased died intestate, and due and diligent
search has been made for his Will, but nothing has been found. No
Application has been made in any court of law for the grant of Letter
of Administration in respect of his estate, and therefore, there is no
impediment for the grant of succession certificate to the Applicant.
7. Applicant No. 1 has no objection to the issuing of the Succession
Certificate in the name of Applicant No. 2.
8. That, the deceased was the resident of Mumabi. The Applicants
No. 1 and 2 also reside at Mumbai and the properties are situated at
Mumbai. Therefore, the Hon’ble Court has the jurisdiction to try this
petition.
9. Necessary court fee is paid herewith.
Thereby, it is most humbly prayed that:
a. Present application be allowed.
b. Succession certificate in respect of the collection of debts and
securities be granted in favour of applicant No. 2.
c. Any correction or amendments in the application as may be deemed
necessary may be allowed.
d. Any other orders in the interest of justice, equity and good
conscience may kindly be passed.

Sd/- Applicant No. 1

Sd/- Applicant No. 2

Mumbai
Date: 01.03.2024

VERIFICATION
Herein, We, the above-named Applicant No. 1 and Applicant No. 2
solemnly affirm that the contents of the above paragraphs in the
Application are all true and correct to the best of my knowledge and
belief.

Sd/- Applicant No. 1

30
Sd/- Applicant No. 2

Drafted and Presented By

Sd/- Mr. Anthony Paul (Advocate for the Applicants)

Mumbai
Date: 01.03.2024.

31
Q11) Petition for mutual divorce

IN THE FAMILY COURT AT BANDRA, MUMBAI

PETITION NO.F/1200 of 2023

Mrs. ______________ Aged: __ years,

Hindu, Indian Inhabitant, Occupation: _________
residing at ____________________
Email Id:
Mobile:
…Petitioner No.1

AND

Mr. ________________ Aged: __ years,

Hindu, Indian Inhabitant,
Occupation: _________
residing at ____________________
Email Id:
Mobile: …
Petitioner No.2

PETITION FOR A DECREE FOR DISSOLVING MARRIAGE BY MUTUAL

CONSENT UNDER SECTION 13B OF THE HINDU MARRIAGE ACT,
1955
To, THE HON’BLE PRINCIPAL JUDGE AND PUISNE JUDGES OF THIS
HON’BLE COURT

THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHEWETH THAT:
The Petitioner No.1 and the Petitioner No.2 above named most
respectfully state and submit on solemn affirmation as under:
1. The Petitioner No.1 and the Petitioner No.2 are both adult Indian
Inhabitants and citizens of India, domiciled in the state of
Maharashtra, Mumbai.
2. The Petitioner No.1 and the Petitioner No.2 are both by religion
and faith, Hindus.
32
3. The marriage between the Petitioners was solemnized on
____________, 20__ as per Hindu rites/customs at Mumbai, at
_________________ in the presence of their respective family
members, relatives and well wishers.
4. The said marriage came to be registered on ____________, 20__
with the Health Department of the Municipal Corporation of Greater
Mumbai Ward “___”. Annexed hereto and marked as Exhibit “A” is the
copy of the Marriage Invitation Card, Exhibit “B” is the Original
Marriage Photograph and Exhibit “C” is the copy of the certificate of
Registration of Marriage, dated ____________, 20__.
5. The Petitioner No.1 was a spinster at the time of marriage and her
maiden name is ____________.
6. The Petitioner No.2 was bachelor at the time of marriage.
7. After solemnization of the marriage the Petitioners resided together
at ___________________. This was the last residential address of
the Petitioners. There is no issue out of the wedlock.
8. The Petitioners submit that the Petitioners due to different set of
values, habits, ideas, upbringing, temperamental differences and
incompatibility, there were conflicts in their marital relationship ever
since the marriage.
9. The Petitioners tried to sort out these differences but did not
succeed.
10. The Petitioners submit that adjustments between themselves
became difficult, as a result of which the Petitioner No.1 left the
matrimonial home on ____________, 20__ and came to stay with her
parents at ____________, Mumbai.
11. The Petitioners state that while they were living separately, their
respective family members intervened to sort out their differences and
help them to reunite. These efforts however, did not yield any positive
result and the Petitioners continued to live away from each other.
12. The Petitioners state that after a year of separation and the fact
that reconciliation is not possible, the Petitioners have mutually agreed
to dissolve their marriage and for the said purpose, the Petitioners
have agreed to file this Petition for a decree of divorce by mutual
consent, under Section 13B of the Hindu Marriage Act, 1955.
12. The Petitioners submit that they are living separately since
____________, 20__ till date and the one year separation period as
stipulated under the Hindu Marriage Act, 1955 has been completed.
33
13. The Petitioner No.1 declares that she will neither have any claim
for any past, present and future maintenance nor shall she claim any
alimony for herself from the Petitioner No.2.
14. The Petitioners agree and declare that there are no claims or
exchanges pending between them.
15. The Petitioners humbly submit that their consent for divorce is
free and voluntary. The Petitioners further submit that their consent
has not been obtained by practicing any fraud, deception, coercion or
undue influence.
16. The Petitioners further submit that they have not practiced any
fraud or misrepresentation while seeking the divorce by mutual consent
and they have submitted this Petition without any coercion. That the
Petition is bonafide and not presented in collusion and/or connivance
between the Petitioners.
17. The Petitioner No.1 and the Petitioner No.2 state and submit that
they have neither filed any other petition nor initiated any other
proceedings in this Hon’ble Court or any other court of law in India, in
respect of the above subject matter. That except as hereunder stated
there are no other proceedings between Parties.
18. The Petitioners have affixed the requisite court fees of Rs.____/-
on the Petition.
19. The Petitioners state and submit that the said marriage was
solemnized at Mumbai and that the Petitioners last resided together at
________________. This Hon’ble Court therefore, has exclusive
jurisdiction to try, entertain and dispose of this Petition.
20. The Petitioners shall rely upon the documents annexed to the
Petition.
The Petitioners therefore pray that:
a) The marriage between the Petitioner No.1 and Petitioner No.2
solemnized on ____________, 20__ at Mumbai, be dissolved by a
decree of dissolution of marriage by mutual consent under Section 13B
of the Hindu Marriage Act, 1955;
b) Any other reliefs as this Hon’ble Court may deem fit and proper in
the nature and circumstances of the case may please be granted to the
Petitioners. And for this act of kindness the Petitioner No.1 and
Petitioner No.2 shall ever pray.
Petitioner No.1 :

34
Petitioner No.2 :

VERIFICATION
I, Mrs. ____________, the Petitioner No.1, residing at
_______________ do hereby solemnly swear and state that the
averments in paragraphs 1 to 20 are correct and true to my knowledge
and belief and whatever is stated in aforesaid paragraphs are legal
submissions which I believe to be true.
Solemnly affirmed at Bandra, Mumbai On this day of ___________,
20__
Identified by Advocate for Petitioner No.1 :
Petitioner No.1:

VERIFICATION
I, Mr. ____________, the Petitioner No.2, residing at
_______________ do hereby solemnly swear and state that the
averments in paragraphs 1 to 20 are correct and true to my knowledge
and belief and whatever is stated in above paragraphs are legal
submissions which I believe to be true.
Solemnly affirmed at Bandra, Mumbai On this day of ___________,
20__
Identified by Advocate for Petitioner No.2 :
Petitioner No.2:

*****

35