BEFORE THE HON’BLE HIGH COURT OF

RAJASTHAN

In the case of
Mohan
(Plaintiff)
v.
Ravi
(Defendant)

MEMORIAL ON BEHALF OF THE DEFENDANT

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 Table of contents

a) List of Abbreviations

b) Index of Authorities

c) Statement of jurisdiction

d) Statement of Facts

e) Issues for Consideration

f) Summary of Arguments

g) Statement of Arguments

h) Prayer

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List of Abbreviations

3
Index of Authorities

4
 Statement of Jurisdiction

Section 6 of Civil Procedure Code states the pecuniary jurisdiction in which cases of in which
the claim is more than 1 crore comes under the ambit of the High Court.

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 Statement of Facts

1. Ravi wants to make a reservoir to supply water to his neighbouring Mills. He paid
contractors to build a reservoir on his land, intending that it should continuously
supply the water to the Neighbouring Mills. Ravi played no active role in the
construction of reservoir, instead contracting out to competent engineers. While
building it, the contractors discovered a series of old coal shafts and passages under
the land filled loosely with soil and debris, which linked up with Mohan’s adjoining
Mines.

2. Contractors did not take adequate measures to block those shafts and leaves them
unblocked. On 11 June 2019, shortly after being filled from water for the first time,
Ravi’s reservoir burst and flooded Mohan’s mine which causes damages of Rs. 100
Crores. However, Mohan pumped the water out, but due to excessive uses his pump
got burst and the mine again began to flood. After this series of Events mines
inspector was brought in, and he discovered sunken coal shafts of Ravi’s Reservoir.
Mohan brought a claim of Rs 150 Crores against Ravi and his landowner on 1 January
2020.

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 Issues for Consideration

1. Whether Mohan entitled to claim damages against Ravi and his landowner under Law
of Tort?
2. Whether use of Ravi’s land was unnatural, and he was negligent for not taking due
care towards Mohan’s Mines?

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Summary of arguments

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 Statement of arguments

1. Whether Mohan entitled to claim damages against Ravi and his landowner under Law
of Tort?

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