Professional Documents
Culture Documents
CPC Assignment Psda PDF
CPC Assignment Psda PDF
PSDA
Anasuya Saranya R.
03910303817
5th Semester, 3-A
Amity Law School, Delhi.
DRAFTING OF PLEADINGS
BEFORE THE COURT OF HON’BLE ADDITIONAL DISTRICT
JUDGE, DWARKA COURT, NEW DELHI
IN THE MATTER OF :
Vs
1. That the present suit is being filed under the specific provisions
under Order XXXVII of the Code of Civil Procedure, 1908.
3. That the defendant is a company, under the name and style of M/S
Uday Medicare Pvt. Ltd., engaged in the business of manufacturing
and supplying medical equipments, situated at 121, Block-D, Lajpat
Nagar, New Delhi, and the same business has been running for the
past 11 years.
4. That on the date of 21st September, 2018, the plaintiff, for the
establishment of his new clinic situated at B-1216, Safdarjung
Enclave, ordered certain medical testing and research equipments
from the defendant’s company, for a total consideration of amount of
Rs. 2.75 crores, out of which, the plaintiff paid a part payment of Rs.
1.25 crores as an advance to the defendant, following which, the
defendant had promised the plaintiff the delivery of his order a week
later, that is on the 28th September, 2018. The advance amount was
paid through a cheque, bearing the no .…., and the copy of the same
has been attested herewith, as ANNEXURE-A.
6. That again, on the date of 5th October, 2018, the order remained
undelivered, and, the defendant remained unavailable to be contacted
by the plaintiff, for the next few days.
7. That on the date of 10th October, 2018, the plaintiff himself visited
the office of the defendant regarding the non-delivery of his order, and
finally being able to come across the defendant himself, the plaintiff
talked to him about the issue, wherein, the defendant defended his
stature stating some personal reasons, and asked for the further
extension of the delivery date, but the plaintiff denied and asked for
the refund of the amount already paid by him, to which, the defendant
agreed and asked for the time period of two days for the transaction to
be made, and the plaintiff agreed.
8. That on 12th of October, That the defendant issued the Cheque
bearing No….. dated ….. for the sum of Rs. 1.25 crores, drawn at
bank…., to the plaintiff towards the refund on the failure of delivering
the equipments ordered by the plaintiff. The copy of the cheque issued
by the defendant has been attested herewith, as ANNEXURE-B.
9. That the plaintiff presented the cheque through his own bankers, ie;
…., but the same was returned unpaid, on …. with the endorsement of
insufficiency of funds in the account of the defendant as per the
remarks of the banker of the defendant.
10. That other necessary particulars are as under for the convenience
of this Hon'ble court:-
[g] Date when cause of action : _______ arose (15 days after service
on __)
11. That the defendant has apparently issued the cheque without caring
to ensure adequate funds and knowing fully well with the ulterior
motive to cheat the plaintiff.
12. That the defendant has failed to make the payment of the amount
of money to the plaintiff.
13. That it is pertinent to mention here that the liability, for which the
cheque was issued by the defendant to the plaintiff is a legally
enforceable liability.
14. That the cause of action accrued to the plaintiff on ….., when the
cheque was dishonoured and thereafter on 9th November, 2018, when
the legal notice was sent to the defendant through Registered letter
and UPC.
16. That no relief, which does not fall within the ambit of this rule, has
been claimed in the plaint.
17. That the value of the suit for the purposes of jurisdiction has been
fixed for Rs. 1.25 Crores with an interest of 10% p.a., and for the
purposes of recovery and correct and authorised court fee stamp of Rs.
…… has been affixed on the plaint.
18. It is, therefore, most respectfully prayed that a decree for recovery
to the effect that plaintiff is entitled to recover a sum of Rs. 1.25 crores
along with interest @ 10% p.a. w.e.f. …… till the date of realisation
of amount along with cost of this suit, be passed in favour of plaintiff
and against the defendants. Such other reliefs as deemed fit and proper
in the facts and circumstances of the case may also be passed in
favour of the plaintiff and against the defendants in the interest of
justice.
VERIFICATION:
Verified that the contents of Paras No…….. of the plaint are true and
correct to best of my knowledge and Paras No. ……… of the plaint
are true to best of my knowledge and belief.
PLAINTIFF
WRITTEN STATEMENT
BEFORE THE COURT OF HON’BLE ADDITIONAL DISTRICT
JUDGE, DWARKA COURT, NEW DELHI
In Re :
Vs
2. That the contents of para 09-13 are wrong, false and fabricated.
That it is specifically stated by the defendant, that the cheque
issued to the defendant was duly encashed by him, and the amount
so encashed was debited from the defendant’s bank account, and
there was no circumstance as described by the plaintiff of the
defendant’s cheque being dishonoured, and the documents
required to prove the same have been annexed herewith, as
ANNEXURE-A, and hence, the evidences provided by the
plaintiff, are utterly untrue.
3. The contents of the para 14 are not denied, and therefore, a legal
notice was indeed sent to the defendant without a reasonable
cause of action, and hence, no liability arises against the
defendant, and the legal notice sent by the plaintiff was based on
some utterly abominable lies.
DEFENDANT
Through counsel
VERIFICATION: