All Drafting And Pleading Format.docx

CLINICAL – I DRAFTING AND PLEADING

1. What is Drafting? Ans. 2. What is Pleading? Ans. – Pleading are statements in writing delivered by each party alternatively to his opponent stating what his contention will be at the trial and giving of such details as his opponents needs to know in order to prepare his case in answer. According to P C MOGHA, as stated that pleading are statements in writing drown up and filled by each party to a case stating what his contention will be at the trial and giving all such details to his opponent needs to know in order to prepare his case in answer. Two pleading in a suit – a) A statement of claim (plaint) b) A defense answer (written statement) 3. Objectives of Pleading:

(Notice) Mr. Anirban Chakraborty

Date: 20/08/2018

Tripura Bar Association Agartala, Tripura (W) FOR ON BEHALF OF: Sri-…………………………………………………………………………. S/O-………………………………………………………………………. Vill.-……………………………………… PO.- ………………………… P.S. - ………………………………… Sub. - Div. -…………………. Dist. - ………………………….. ……………………. Notice given TO Sri-…………………………………………………………………………. S/O-………………………………………………………………………. Vill.-……………………………………… PO.- ………………………… P.S.-…………………………………… Sub.- Div. -…………………. Dist. - ………………………….. ……………………. Notice Receiver Notice for vacation of Rented Building Under instruction and for and on behalf of my client Sri -……………………………. above mention undersign to notice giver gives this notice upon you the notice receiver as follows: 1. That within district- West Tripura, Sub-Div. - Sadar, Sub. Registry- Sadar, PS- West Agartala, Mouja- Ramnagar, the building is situated and appertaining the Khatian no. - 243, Dag No.- 57. Area- 2 Satak, over which a hud measuring 20 feet x 10 feet Pukka Building with G.C.I Sheet roof is the subject matter of this notice and hearing after called the rented building.

2. That my client inducted you the notice receiver in the rented building on 03/05/2016 as a monthly tenant and you the notice receiver entered into the rented building at a monthly rent of Rs. 2000. You the notice receiver have paid the monthly rent till the month of February 2018 and thereafter you did not pay any rent even after demand made by my client. 3. That for the reasons stated above you the notice receiver had become defaulter in payment of rent as you have failed to pay rent for 5 (Five) months consecutively. Thus you have become liable for evection from the rented building. Therefore you are required to vacate the rented premises within 15 (Fifteen) days from the date of receive of this notice. Else my client is compelled to take shelter of law, you the notice receiver would be liable for all consequences and cost. You are therefore called upon to vacate the rented building in favor of my client within above mention stipulated period without indulging unnecessary litigation.

Yours faithfully Anirban Chakraborty Advocate

(Draft of FIR) To, The officer-in-charge, Women Police Station, Agartala, East Tripura, Subject:

Complaint against Sri…………………,S/O:……………………, Resident:………………………………………………………………, P.S.: East Agartala, Dist.: West Tripura, Sub-Div.: Sadar.

Respected Madam, With due respect, I beg to inform you that my marriage with Sri ………………………………………….. was solemnized on 05/06/2010 in my parental house at ……………………………………… as per Hindu rights and customs. After few days of the marriage my husband was provoking myself to bring cash amount of Rs………………/- from my father is very poor vegetable vendor. For this reason my husband started mental and physical torture upon me. During last night (on dt……/……./………) at about 10 p.m. my husband has bitten me by ‘lathi’ and physically assaulted me by causing injury on my head and I have been treated in the emergency of IGM Hospital. Some of my neighbors took me at the hospital. On return back from IGM Hospital my husband did not allow me to enter in his house and as such I have taken shelter in my parental house at …………………… I have got witnesses of this occurrence and I pray for appropriate action against my husband Sri ……………………………………… in terms of Law and obliged them. Dated: ………/………/……….

Yours Faithfully (Name of the victim women) W/O.: ………………………………… Address: …………………………….

Witnesses: 1. (Self) (Name of the victim women) W/O. ………………………………… Address: ……………………………. 2. (Name of the witnesses No. 1) S/O.: ……………………………………. Address: ………………………………. P.S.: …………………………………….. Sub-Div.: ……………………………… Dist.: ……………………………………. 3. (Name of the witnesses No. 1) S/O.: ……………………………………. Address: ………………………………. P.S.: …………………………………….. Sub-Div.: ……………………………… Dist.: ……………………………………. 4. Name of the other witnesses will be supplied later on.

Title suit(PLAINT) IN THE COURT OF (Name of the Judge) CIVIL JUDGE, JUNIOR DIVISION, AGARTALA, WEST TRIPURA CASE NO. – TS 77/18 IN THE MATTER OF:

As suit for the decoration of title, confirmation of possession mandatory injunction against the defendant. AND

IN THE MATTER OF:

Sri …………………………………………………………………………….. S/O.: …………………………………………………………………………. Vill.: ……………………………….. P.O: ………………………………… PS: …………………………………… Sub-Div.: ……………………….. Dist.: …………………………………………………………………………. ....………………………… Plaintiff Verses Sri …………………………………………………………………………….. S/O.: …………………………………………………………………………. Vill.: ……………………………….. P.O: ………………………………… PS: …………………………………… Sub-Div.: ……………………….. Dist.: …………………………………………………………………………. .……………………… Defendant

This suit is value of Rs. 50/- and adequate court fee as per Act has also be filed with the Plaint. The above name plaintiff most respectfully and humbly begs to shegwth: 1. That the plaintiff is the citizen of India has been permanently residing at the addressing mention in the cause title. 2. That the suit land for which the plaintiff is filed situated under Mouja: Agartala, Sheet No.: …………. Khatian No.: ………………………. Dag no.: ……….. & …………. Measuring No.: ……………………….. Gandas of land of which specifically mention in the schedule here in after mention below. 3. That plaintiff is soft nature of person and the defendant is totally opposite who is trying to encroach the land belonging to the plaintiff which has been mention specifically in the schedule below. 4. That on 05/02/2018, the defendant’s first instance came to the northern area of the plaintiff (suit land) and try to erect the bamboo fencing and encroach one cubic of land from east to west. 5. That upon this incident the plaintiff brought a step against the defendant but in reply of such protest the defendant demanded those propose encroaching alie is his own. 6. That the plaintiff vehemently asked not to be such acts and to call for measurement by an Amin. The defendant that though went away for that time but the plaintiff has the apprehension against the defendant that he would again try to encroach the land. 7. That yesterday the defendant again with which associates came to the northern area of the plaintiff and poured some garbage from east to west which is preceded to ejection by bamboo fencing. 8. That on the above reason the plaintiff has filed the suit or declearation of title confirmation of possession and mandatory injunction against defendant. 9. That the cause of action in this suit firstly arose on 25/06/2017 and finally it arose on 05/02/2008. 10.That the suit is in time as honorable court as both the territorial pecuniary jurisdiction to try the suit. 11.That the plaintiff has paid adequate court fees under the court fee Act Govt. of India. 12.That the plaintiff thus prayers for the following relief: a) A decree be passed declaring the title in favor of plaintiff.

b) A decree be passed confirming the possession of the suit land in favor of the plaintiff. c) A decree be passed granting mandatory injunction against the defendant restraining him forever from the encroaching land of the plaintiff. Under the premises states about the plaintiff prayers and hope that the honorable court would be kind enough – a) To admit the suit. b) To notify the defendant about various procedure of the honorable court. AND For which Act of your kindness the plaintiff shall ever pray

VERIFICATION I Sri..(Name of the plaintiff).. S/O: ………………………………….. Address: ………………… the plaintiff of this suit do hereby declare and verify that the contents made in para 1 to 11 are true to my knowledge and the rest are my humble submission and in acknowledgement where I put my hand in each page of this plaint on this 27th day of August, 2018 in the court complex.

AFFIDAVIT IN THE COURT OF (Name of the Judge) CIVIL JUDGE, JUNIOR DIVISION, AGARTALA, WEST TRIPURA CASE NO. – TS 77/18 (Name of the Plaintiff) Verses (Name of the Defendant) I Sri ………………………………………………………., Resident:…………………………………….., PO.: …………………………………, PS.: ……………………………, Sub-Div.: ……………………., Dist.: ………………………………., aged about 30 year by faith Hindu by profession as school teacher, Nationality: Indian, do here by solemnly affirm and state on oath as follows: 1. That I am the plaintiff of the instant suit and as such I am fully conversant with the fact and circumstances of this suit. ………… this is true to my knowledge 2. That I am also competent to such affidavit and the connection of this suit and such I swear. ………… this is true to my knowledge 3. That the statement made in so adverse in the plaint are true to my knowledge and rest will be humble submission. 4. Surned this affidavit This day 28th day of August 2018 Before the Sherastadar of the court of Civil Judge, Junior Division, Agartala Defendant is Identify by me Anirban Chakraborty

Akash Roy

(Advocate)

Deponent

Written Statement IN THE COURT OF (Name of the Judge) CIVIL JUDGE, JUNIOR DIVISION, AGARTALA, WEST TRIPURA CASE NO. – TS 77/18 IN THE MATTER OF:

Written statement filed by the defendant against the suit for declearation, confirmation of possession and mandatory injunction etc. AND

IN THE MATTER OF:

Sri …………………………………………………………………………….. S/O.: …………………………………………………………………………. Vill.: ……………………………….. P.O: ………………………………… PS: …………………………………… Sub-Div.: ……………………….. Dist.: …………………………………………………………………………. ....………………………… Plaintiff Verses Sri …………………………………………………………………………….. S/O.: …………………………………………………………………………. Vill.: ……………………………….. P.O: ………………………………… PS: …………………………………… Sub-Div.: ……………………….. Dist.: …………………………………………………………………………. .……………………… Defendant

Written statement filed by the defendant: 1. That the instant suit for declearation, confirmation of possession and mandatory injunction is not at all maintainable in the suit. 2. That the suit is totally falls and fabricated in order to unnecessary harass the defendant by way of filling the suit by the plaintiff. 3. That the defendant is very innocent, gentleman ship manner, so no question at all arises to disturb of encroach the land belonging to the plaintiff. 4. That the suit is the result of miss conveniences and no incident at all occurred as to bring the defendant before the honorable court. 5. That the suit bears no merit as such it liable to be dismissed with caused to the defendant. 6. That without prejudice to what have been stated hearing above the defendant further begs to reply in para wise made here in below. 7. That in reply to the para no 1 7 2 of the plaint the defendant humbly submit that it is a matter of record so it should be proved by the appropriate measures pending such proof the statement is denied and dispute. 8. That in reply to the para no 3 of the plaint the defendant denies that the plaintiff is a soft nature of person rather conversely the defendant is very simple and soft nature of person in the society and he does not try to encroach and land belonging to the plaintiff. 9. That in reply of para no. 4 of the plaint the defendant vehemently denied the fact that on 05/02/2018 defendant allegedly try to encroach the land of plaintiff by encroaching fencing measuring on cubic of land from east to west it is totally coated story made by the plaintiff in order to harass the defendant and to bring him in the court of law. 10.That the averments made in para no. 5 of the plaint is out and false. Therefore the defendant puts the plaintiff in the strictest of the fact and subject to be denied and disputed. 11.That it is also denied the defendant allegedly has gone away. It is also denied that the plaintiff have called an official Amin to measurement the suit land. 12.That it is denied that on 25/06/2017 the defendant allegedly again came to the northern area along with some associates before the suit land and had allegedly drawn from east to west for injunction of bamboo fencing which has been asserted in para no. 7. 13.That In reply to para no. 8 of the plaint it is denied that the plaintiff have filed the suit due to any action of the defendant as incorporated specifically in para no. 8 and that the plaintiff had without any justifiable

reason brought the instant suit against the defendant in order to make suffered through mentally and financially. 14.That the cause of action at all arose on 25/06/2017 nor it had any reason to arise cause of action finally on 05/02/2018 15.That the reply of the para no. 10 that the defendant humbly submits it is matter of question of law and such the defendant begs to have the matter before the honorable court. 16.That in reply para no. 11 it is denied that the plaintiff had paid an adequate court fee as per the Indian Court Fee Act. So on this question only the suit is liable to be dismissed unless adequate court fees have been paid accordingly to the Act. 17. That the reply in para no. 12 whereby the relief sought for all the premature untenable in law. The plaintiff is not at all to be granted those reliefs as the plaintiff plaint is friction. 18.That the defendant who submit additional written statement as an when it would be required on the basic of the plaintiff activities. Under the premises it is humbly that, the honorable court would be kind enough to dismiss the suit with cost in favor of the defendant. AND For this act of kindness the defendant shall as it duty bound shall ever pray. VARIFICATION I Sri ………………………………………………………………, S/o: ………………………………………, the defendant of this suit do hereby declare and verify that the contents made in para no. 1 to 18 are true to my knowledge and the rest are my humble submission and in acknowledge where I put my hand in each page of this written statement on this 3rd of September, 2018 in the court complex.

AFFIDAVIT IN THE COURT OF (Name of the Judge) CIVIL JUDGE, JUNIOR DIVISION, AGARTALA, WEST TRIPURA CASE NO. – TS 77/18 (Name of the Plaintiff) Verses (Name of the Defendant) I Sri ………………………………………………………., Resident:…………………………………….., PO.: …………………………………, PS.: ……………………………, Sub-Div.: ……………………., Dist.: ………………………………., aged about 30 year by faith Hindu by profession as school teacher, Nationality: Indian, do here by solemnly affirm and state on oath as follows: 1. That I am the plaintiff of the instant suit and as such I am fully conversant with the fact and circumstances of this suit. ………… this is true to my knowledge 2. That I am also competent to such affidavit and the connection of this suit and such I swear. ………… this is true to my knowledge 3. That the statement made in so adverse in the plaint are true to my knowledge and rest will be humble submission. 4. Surned this affidavit This day 28th day of August 2018 Before the Sherastadar of the court of Civil Judge, Junior Division, Agartala Defendant is Identify by me Anirban Chakraborty

Akash Roy

(Advocate)

Deponent