Drafting Pleading Robin

DRAFTING PLEADING &
CONVEYANCING ASSIGNMENT
NAME – ROBIN SINGH

COUSRE - B.A.LL.B (SEM-VIII)
ROLL NO - A-89
TOPIC
(1) Draft a suit for recovery of money
given as
hand loan by Plaintiff residing in pune to
Defendant who resides in Delhi.
(2) Draft a Last Will and Testament.
IN THE COURT OF DISTRICT JUDGE

PUNE
SUIT NO .....22... OF 2021
(SUIT UNDER ORDER XXXVII OF THE CODE OF
CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
Mr. Raghav
…….Plaintiff
VERSUS
Mr. Akshar
…….Defendant
SUIT FOR RECOVERY OF RS. 1,00,000 UNDER
ORDER
XXXVII OF CODE OF CIVIL PROCEDURE, 1908.

MOST RESPECTFULLY SHOWETH:
The humble plaintiff above named hereby respectfully states
as under:
1. That plaintiff is a normal business and has a small clothes
shop at Plot No-9,kaharadi, Pune and the respondent is
A resident of dwarka , Delhi. The respondent is
a friend of the plaintiff and the plaintiff and respondent
are in contact with each other since 2010.
2. That on 11th May 2019 respondent visited Pune and
met plaintiff and defendant requested a sum of Rs.
1,00,000 as he faced a loss in his business for a period.
The plaintiff gave him 1,00,000 in cash at Pune.
3. That when one year passed and on 12th May 2020
plaintiff called respondent to give his Rs.1,00,000 back
to which respondent requested another month in
order to pay his money back.
4. That after a month on 15th June when the plaintiff called
respondent to pay his due and lended amount but
defendant clearly denied that he will not make any
payments.
5. That plaintiff then set a legal notice to defendant for
recovery of his money lended to the respondent through
his advocate to the address of defendant by registered
post but till date no reply of the same has been received.
6. That since respondent has failed and refused to pay
7. Rs. 1,00,000 lended to him by the plaintiff even after
8. 1 and a half year the plaintiff has left with no other
remedy left but filing the present suit.
9. The suit is within the period of limitation.
10.This Hon‟ble Court has jurisdiction to entertain this
suit because the part of the cause of action arose in
Pune. All the payments upto this date have been made
at Pune and the payment of the outstanding amount
was also to be made at Pune.
11.The value of this suit for the purposes of court fee and
jurisdiction is Rs. 1,00,000 on which prescribed court
fee of has been paid.
10. That this suit is filed under Order XXXVII of the
Code of Civil Procedure and no relief has been claimed
which does not fall within the ambit of Order XXXVII.
PRAYER:
It is, therefore most respectfully prayed that this Honble
Court may be pleased to :-
● Pass a decree for Rs. 1,00,000 with interest @ 15% per
annum from 10th May 2019 upto the date of filing the
suit in favour of the Plaintiff and against the Defendant;
● Award cost of the suit in favour of the Plaintiff and
against the Defendant; and
● Pass such other and further order(s) as may be deemed
fit and proper on the facts and in the circumstances of
this case.
Place and Date
Plaintiff
Through
Counsel
VERIFICATION:
Verified at Pune on this 3rd day of October 2020 that the
contents of paras 1 to 10 of the plaint are true to my
knowledge derived from the records of the Plaintiff
maintained in the ordinary course of its business, those of
paras 1 to 10 are true on information received and believed
to be true and last para is the humble prayer to this Honble
Court.
Plaintiff
Will deed
This Will is executed today the 6 day of may, 2019 at jhansi by

Abhilash mehta, Age: 66 years, S/o Raghav mehta originally resident
of Bhopal, State Madhya Pradesh at present residing atidgah hills
Bhopal (hereinafter called the executant/testator of this Will, in
complete senses, without any force or coercion or undue influence
induced upon him from any quarter whatsoever;
Whereas, the Testator own and possess a residential House numbered
141 arera hills . The house mentioned above stands constructed on a
piece of land measuring 1900sq feet at the abovementioned place
which is comprising two bedrooms, one lobby, one small store, one
kitchen, two bathrooms, one room at its first floor along with attached
bathroom and a verandah which is the self-acquired property of the
Testator. The Testator has some blank deposits both in the Punjab
Bank Ltd. and head-post office at bhopal and has some land at his
native place at sehor(m.p);
And whereas, the Testator’s wife Late rukmani mehta has got her
heavenly abode in the month of november, 2018 and is at present
survived by a lonely son Shri pawan mehta and two married daughters
namely Smt. Suman mehta and mona mehta;
And whereas, the testator and his wife (now dead) Smt. Rukmani
mehtahad given in adoption their younger daughter namely mona
mehta to the Testator’s brother-in-law and his sister (both dead)
namely Lt. pawan mehta and mona mehta, when she was hardly one
month’s old. Mona mehta has been married to Sh.sharad agarwal S/o
Lt.Raman agarwal R/o bkd bhopal at present residing at 112/4 bkd
bhopal, and whereas Smt. Suman mehta has also been married to one
Sh.Ashish gupta S/o Lt. prateek gupta R/o 654 kamal singh colony
Bhopal(mp), at present residing at, kamal singh colony Bhopal(mp).
And whereas, the Testator has given all in cash and kind to both his
daughters to which they were entitled to on many occasions and
Dharmic festivals before and after their marriage though Smt. mona
gupta had been given in adoption and both are leading their happy
married life with their family;
And whereas, the Testator is in old age, physically a weak person,
nobody knows when this immortal soul will abandon this body as
there are uncertainties in life. The Testator do not want that any
dispute may arise about his abovementioned property after his death.
To keep the record straight and clear with respect to his said property
need for execution of this Will has arisen. The Testator fully knows
what
shall flow out of this Will. Knowing fully its pros and cons the
Testator is getting executed this Will and any will and codicils if any
executed prior to execution of this Will stand revoked;
And whereas, the lonely son of the Testator namely Sh.Pawan Mehta
and his wife Smt. Mona gupta both are taking care of the Testator in
his old age and are looking after all the domestical affairs. I have been
fully impressed by their services being rendered by them. So, it is my
will and wish that the Testator hereby absolutely and forever bequeath
my abovementioned land and all bank deposits to Sh. Pawan Mehta
(beneficiary of this Will) after the death of Testator. Any objection if
any raised by anyone else after execution of this Will shall not be
entertainable rather treated null and void.
In witnesses whereof the Testator has set his hands on this Will deed
without any outside pressure, coercion, undue influence and in full
possession of his senses on the day month and year first above
mentioned in presence of the following witnesses.
WITNESSES TESTATOR/EXECUTANT
1. MONA MEHTA
2. PAWAN GUPTA
Drawn and drafted on the instructions of both the parties
ADVOCATE: BINOD AGARWAL.

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DRAFTING PLEADING &

NAME – ROBIN SINGH

IN THE COURT OF DISTRICT JUDGE

XXXVII OF CODE OF CIVIL PROCEDURE, 1908.

This Will is executed today the 6 day of may, 2019 at jhansi by

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