Category Archives: Drafting of Pleading And Conveyancing

DRAFTING, PLEADING AND CONVEYANCING

By the art of legal drafting (also commonly called the legal composition) we
mean the art of composing or writing all documents which are either expressly intended to be, or which frequently become the subject of legal interpretation. It is concerned chiefly therefore, although not exclusively, with the documents which declare or regulate rights. This at once distinguishes the art of legal composition from the art of ordinary composition or literature, which deals not with rights but with thoughts or facts. Of course the bases of literary composition and legal composition are all the same, grammar and logic. The latter,
perhaps, more strictly than the former kind o composition is bound by the rules of the grammarian and logician but we do not intend, except incidentally, to touch on the rules of grammar or logic. It is composition as legal – as dealing with or affecting rights – which we have in view. This differs so much from literary composition that, though they have a common basis, same rules do not apply to both. The style of good legal composition (for it has a style of its own) is free from all colour, from all emotion, from all rhetoric. It is impersonal as if the voice, not of any man, but of the law, dealing with the necessary facts. It disdains emphasis and all other artifices. It uses no metaphor or figure of speeches. It is always consistent and never contradicts itself. It never hesitates or doubts. It says in the plainest language, with the simplest, fewest and fittest words, precisely what it means. These are qualities which might be used to advantage more frequently than is common in literature,
and unfortunately they are not to be found in many legal compositions, but they are essential to good legal composition and not essential to literary composition.
Pleadings are statement in writing drawn up and filed by each party to a
case, stating that his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer. The function of pleadings is not simply for the benefit of the parties, but also and perhaps primarily for the assistance of the court by defining with precision the area beyond which, without the leave of the court and consequential amendment of the pleadings, the conflict must not be allowed to extend. The purpose of rules regarding pleadings is to advance justice and to prevent multiplicity of proceedings.

Conveyancing is the process by which legal title to property is
transferred. As a consequence, over time, a conveyancing has become the description for the document effecting such transfer. In many ways conveyancing is like Shakespeare’s character, Autolycus in The Winter’s Tale, ‘a snapper-up of unconsidered trifles’. Like this amiable rogue, conveyancing takes from here, there and everywhere, from within the full gamut of the law. Conveyancing rests and has been built upon the three foundations of land law, contract law and equity and trusts. Because of this, a confident appreciation of land law is crucial for success in conveyancing. You will also need to have a prior knowledge and understanding of the details concerning the formation of contracts, the formalities of written contract, misrepresentation and remedies for breach of contract. A detail understanding of the influence of equity as well as trust will always be a prerequisite for a successful conveyancer.
So, the key to understand the nature of conveyancing is to appreciate how it calls
upon various disparate areas of law. It means that you must abandon a discrete approach to applying the separate elements of the law. Conveyancing requires you to blend your knowledge. Conveyancing does not relate just to the transfer of ownership of residential properties. It covers the transfer of title to both houses and flats, new and second-hand properties and commercial property of all kinds.
When students reach the legal practice course they should have developed a
general critical approach to the new law and to problem solving. The object of this course is to present substantive law in the context of pleadings and conveyancing and to show how those transactions are influenced by the legal considerations. A well drafted document instantly attracts the attention of the court. Any failure however little, in bringing out the material issues would be fatal to the matter under consideration. Therefore, it is pertinent that one has an accurate understanding of the concerned issues, so that, relevant question are brought before the court for successful adjudication. Pleadings assists student’s in their endeavor to enter active practice. This course is created to help student’s understand the basics of pleadings and conveyancing.

Meaning of Pleadings
Pleadings are the statement of facts in writing drawn up and filed in a Court by each party to am case stating therein what his contention shall be at the trial and giving all such details as his opponent will need to know in order to prepare his case in answer. In India there are only two pleading in a suit as defined under Order 6, rule 1 of the Code of Civil Procedure, it says that pleading means “Plaint or Written Statement”. This definition is not very clear in itself.
The plaint and written statement are defined in the following clauses:
(a)Plaint: A statement of claims, called the “plaint” in which the plaintiff sets out
his cause of action with all necessary particulars; and
(b)Written Statement: A statement of defences, called the “written statement”
which the defendant deals with every material fact alleged by the Plaintiff in the
plaint and also sets any new facts which tells in his favour, adding such objection as
he wishes to take to the claim.
Beside the plaint and the written statement, order pleading that may be filed, may be classed
under two heads: (i) subsequent pleadings, and (ii) additional pleadings.
(i)Subsequent Pleadings: The only subsequent pleading which is filed as a matter of
right, without the leave of the court, is a written statement of a plaintiff by way of
defence to a plea set-off set up by a defendant in the written statement of his
defences. No other pleading subsequent to the written statement of a defendant other than that by way of defence to a plea of set off can be presented except with the leave of the court and upon such terms as the court may think proper. But the Court may at any time require a written statement or an additional written statement from any of the parties and fix a time for presenting the same (O.8, r.9). Any ground of defence which has arisen after the institution of the suit or the presentation of the written statement, may be, raised by the plaintiff or the defendant as the case may be, in his written statement (O.8, r.9). This is also a subsequent pleading. The subsequent pleading, i.e., this written statement in some states is also termed as “replication”.
This term was formerly used in England where plaintiff‟s written statement is now
called “reply”.
(ii)Additional Pleading: Although no pleading subsequent to the written statement of
a defendant other than by way of defence to a plea of set-off can be presented without the leave of the court, yet the court may at any time require a written statement or additional written statement from any of the parties, i.e., plaintiff or defendant or both (O.8, r.8). The additional pleadings are not subsequent pleadings in the true sense of the term. They are pleading by way of further and better statement of the nature of the claim or defence or further and better particular of any matter or state in the pleadings. These pleading may be ordered under order 6, rule 5 of the Code of Civil Procedure.
Under the English Law, pleading has been defined as follows: “pleading includes any petition or summons and also include the statement in writing of the claim or demand of any plaintiff and of the defence of any defendant thereto and of reply of the plaintiff to nay counter-claim of a defendant.”
Function and Object of Pleadings
The object of pleadings is to assist the Court and the parties to the dispute in its adjudication.
Its function is of multi-dimension, and is in various ways. Stable j., Pinston v. Loyds Bank
Ltd., (1941) 2 K.B. 72, has expressed the function of pleading in the following words:
“The function of a pleading is not simply for the benefit of the parties but also and
perhaps primarily for the assistance of a Court by defi

been, had three been no rules pleadings to compel the parties to lay bare their cases before the
opposite party prior to the commencement of the actual trial”.
Truly speaking the object of the pleading is to narrow down the controversy of the parties to
definite issue. The sole object of pleadings is that each side may be fully active to the question
that are about to be argued in order that they may have an opportunity of bringing forward
such evidence as may be appropriate to the issues. The Court has no power to disregard the
pleading and reach conclusions that they think are just and proper.
A few year ago Hon‟ble Mr. Justice Lord William of the Calcutta High Court in the case of,
strongly emphasize the need of careful study of the art of pleading and condemned the
obscure pleading which were shocking and were filed even in Calcutta High Court. It is,
therefore, the duty of every advocate to take extreme care in drafting of his pleadings. There
is no force in saying that the pleading in this country are not to be strictly construed. Has this
been the object of the law of pleading the framers of the Code of Civil Procedure would not
have laid down the rules of civil pleadings.
A select committee of eminent lawyers having knowledge of Indian conditions was appointed
to frame the present Code of Civil Procedure which has been amended and redrafted in 1976.
Order 6, 7 and 8 of the Code of Civil Procedure are very important from the point of view of
drafting of pleading in the High Court and Mofussils Court. Appendix A to the Code of Civil
Procedure contains some model form of pleadings which are useful. Unfortunately these
forms are seldom consulted by the mofussil pleader the reason being that the pleadings are
being drafted by their clerks who are not trained in this direction and do not have legal
knowledge.
The pleading should always be drawn up and conducted in such manner so as to evolve some
clear and definite issues i.e., some definite propositions of law and/or fact, asserted by one
party and denied by the other. But both the parties must agree on the points sought to be
adjudicated upon in action. When this has been fairy and properly ascertained then following
advantages flow from pleadings:
(i) It is a benefit to the parties to know exactly what are the matters left in dispute.
They may discover that they are fighting about nothing at all; e.g. when a plaintiff in
an action of libel finds that the defendant does not assert that the words are true, he is
often willing to accept an apology and costs, and so put an end to the action.
(ii)It is also a boon to the parties to know precisely what facts they must prove at the
trial; otherwise, they may go to great trouble and expense in procuring evidence of
facts which their opponent does not dispute. On the other hand, if they assume that
their opponent will not raise such and such a point, they may be taken suddenly by
surprise at the trial.
(iii)Moreover, it is necessary to ascertain the nature of the controversy in order to
determine the most appropriate mode of trial. It may turn out to be a pure point of
law, which should be decided by judge.
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(iv)It is desirable to place on record the precise question raised in the action so that
the parties or their successor may not fight the same battle over and again.
Fundamental Rules of Pleadings
The English law of pleading has got four fundamental rules of pleading upon which Order 6
of the Code of Civil Procedure is based which are set out as under:
1.Every pleading must state facts and not law.
2.It must state all material facts and material facts only.
3.It must state only the facts on which the party‟s pleading relies and not the evidence
by which they are to be proved; and
4.It must state such facts concisely, but with precision and certainty.
(1) Facts, not law
The first fundamental rule pleading is that neither provisions of law nor conclusion of mixed
law and facts, should be alleged in a pleading. The pleading should be confined to facts only
and it is for the judge to draw such interference from those facts as are permissible under the
law of which he is bound to take judicial notice.
Illustration
It will not be sufficient to state that „Abu Mohammad made a gift of his property‟ to the
plaintiff. The plaintiff should allege here the gift was made, how it was accepted and how
possession was delivered; because these are the facts which constitute a valid gift under
Muhammedan Law. To allege that „Abu Mohammad made a gift‟ will be a conclusion of law
from the facts which are not to be state directly in the pleading. Secondly, in a suit for
damages for negligence, it is not enough for the plaintiff to state that the defendant has been
guilty of negligence‟ without showing how and in what respect he was negligence and how he
became bound to use due care to prevent an injury to other. Thirdly, when then defendant has
to reply to the claim of the plaintiff in a money suit, it is not sufficient for him to state that
„the defendant does not owe to the plaintiff‟. But he must allege such factwhich go to prove
that in the circumstances the defendant does not owe to the plaintiff. The defendant should
state that he never borrowed from the plaintiff, or good were never ordered, or were never
delivered, or that they were not equal to the sample.
It is not sufficient in a suit upon a contract for the defendant to, merely, plead the „the contract
is rescinded‟, The defendant must plead in what manner and by what means he contends that
is was rescinded.
The fundamental rule of pleading is that a pleading shall affirmatively contain only a material
fact on which the party relies and it shall not contain facts which are only evidence by which
such material facts are to be proved. The reason for not mentioning the law in the pleading is
that it is the duty of the court to find out and examine all plea of Law that may be applicable
to the facts of the case. However, the parties can make their submission about law any time.
For example, the non maintainability of the suit which is a point of law, can be urged

although no specific plea has been raised in the pleading. The rule that every pleading must
state facts and not law or an interference of law has got following exceptions.
(a) Foreign Laws: The court do not take any judicial notice of foreign laws and
hence they must be pleaded as facts. The status of the foreign country intended to be
relied upon should be set-forth as substantially as any other facts. .
(b)Mixed question of Laws an facts: Where a questions is one of mixed law and
fact, it is permissible and proper to plead both the facts and the legal conclusion. For
instance, the defendant may say that the suit is barred by the law of limitation, or he
may say he is entitled to set off after narrating the facts on which he bases his
conclusions.
(c)Condition precedent: The Code of Civil Procedure provides that any condition
precedent the performance of which is intended to be contested shall be distinctly
specified in the pleading of the plaintiff or defendant (Order 6 r.6 of C.P.C.), as for
instance, the legality of the notice under section 80, C.P.C.
(d)Custom and Usage of Trades: Custom and usage of any trade and business shall
be pleaded like any other facts, if a party wants to rely on them. But a custom
repeatedly brought before Court and recognised by them regularly is deemed to have
acquired the force of law and need not be pleaded. For example, an occupancy tenant
is entitled by local custom and usage to cut trees growing upon his holding it is not
necessary for the occupancy tenant to plead this custom, if he wishes to rely on this
right to cut the trees. Similarly, a party who wishes to rely on the usage of a particular
trade and business and if it is at variance with any provision of the Contract Act, he
must not plead the usage of such trade and business with its detailed incident. If it is
not pleaded, no evidence to prove it shall be admitted.
(e)The facts of negligence, right or liability, unlawful or wrongful act should be
specifically pleaded. Every plea of fact should be specifically raised and proved.
(2) Material facts
The second fundamental rule of pleading is that every pleading shall contain only a statement
of material facts ion which the party pleading relies for his claim or defence. This rule has
been enunciated in Order 6, ruke2 of the Code of Civil Procedure. The rule that the material
facts should be not a technically and that an omission to observe it may increase the difficulty
in the Court‟s task of ascertaining the rights of the parties. Further, every pleading must state
facts which are material at the present stage of the suit. Now, the question arises what is
material fact? The fact which is essential to the Plaintiff‟s cause of action or to the
defendant‟s defence which each prove or fail is material fact.

Now, the question that what facts are material, is not very easy to answer. However, it can be
said that fact is material for the pleading of a party which he is bound to prove at the trial
unless admitted by the other party before he can succeed in his claim or defence. If one is in
reasonable doubt about a particular fact as a material fact it is better for him to plead that fact
rather than omit it because unless a fact is pleaded he shall not be allowed to prove it at the
hearing of the suit. A plea of fraud and misrepresentation in a suit must set forth full
particulars of fraud and misrepresentation, because these particulars constitute material facts
unless raised by the plaintiff or the defendant in his pleading, he will not be allowed to prove
at the trial.
Of course, a material fact can be inserted in the pleading by amendment which is the right of
the plaintiff and defendant; but when a pleading is amended one is likely to be saddled with
the cost of other side. When suit is brought under a particular statute, all facts which are
necessary to bring the suit under the statue must be alleged. When a rule of law applicable to
a case has an exception to a case has an exception to it, all facts are material which tend to
take the case out of the rule or out of exception. For instance:
(1)If a childless Mohammedan widow claims one-fourth share in the property of her
husband as allowed by Shia law, she must allege that her husband was a Shia.
(2)Where Plaintiff claims right of pre-emption u/s 15(2)(b) of Punjab pre-emption
Act, he must plead the necessary facts in respect of his claim.
(3)Where a plaintiff claims an alternative relief, he must plead facts entitling him, for
such relief.
(4)Where the question of age or time affects the right of the parties, the facts should
be specifically pleaded.
(5)Every plea of facts must be specifically pleaded, and proved. Court cannot allow
party to the suit to lead evidence inconsistent whit his plea inspite of object of
objection by the other party is allowed to lead evidence in rebuttal does not cure the
legal defect.
(6)Where a plaintiff sues on the basis of a title he must state the nature of the deed
from which he has derived title.
(7)The plea that a woman claiming maintenance has lost her right due to continuous
desertion or living in adultery should be specifically raised.
(8)Where the plea is based on custom, it must be stated in the precise form what the
custom is. For instance, if a childless Mohammedan widow claims one-fourth share in
the property of her husband as allowed by Shia Law, she must allege that her husband
was a Shia. The following are exception to this fundamental rule of pleading.

(a)Content of documents: Whenever the content of document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as possible without
setting out whole or any part thereof unless any precise words thereof are material.
Foe instance, if plaintiff‟s claim is based on a sale-deed, it is sufficient to state that
“defendant has sold the property to the property to the plaintiff by a sale-deed
dated……”
(b)Matters of Inducement: it means introductory or prefatory facts which should be
stated in the first and second paras in the body of the plaint or written statement.
Though it is not necessary yet sometimes it is desirable to commence a plaint with
some introductory allegations stating who the parties are, what business they carry on
how they are related and connected and other surrounding circumstances leading up
to the dispute. Though these are not material facts yet these are allowed in England
and hence in India too. But the matter of inducement should be reduced to the
minimum need.
(3) Facts, Not Evidence
The third fundamental rule of pleading has been laid down by Order 6, rule 2 of the Code of
Civil Procedure. It says that every pleading must contain a statement of material facts but not
the evidence by which they are to be proved. The material facts on which a party relies are
called Facta Prabantia, i.e. the facts to be proved , and they should be stated in the pleadings.
The evidence or facts by which Facta Probantia are to be proved are called Facts Probantia,
and they are not to be stated in the pleadings. Facta Probantia are not the facts in issue but
only relevant facts which will be proved at the trial in order to established facts in issue. For
instance, in a suit of damages for malicious prosecution the plaintiff should only allege in the
plaint that the defendant was actuated by malice in prosecuting him. He must not allege that
he had previously given evidence against the defendant and the defendant had vowed to take
revenge. The plaintiff is by all means entitled to tender evidence to prove this fact. Secondly,
in a policy of life insurance, the condition that the policy shall be void, if the holder dies of
his own hand, in the defence it is not necessary to state that the assured brought the pistol a
few days before his death and made all preparation to kill himself. It is sufficient to state in
defence that the assured died of his own hand. In some cases where the facts in issue and
relevant facts are so mixed up that it is very difficult to separate them and if it is so the
relevant facts may be stated. For example, where custom is based on village administration
paper, which is the basis of claim and its sole proof. In such cases the record has to be
pleaded. In the Punjab Rewaje Aam (customs)are contained by the Manual of Customary
Law which records customs, are only evidence and it is nor necessary to refer to them in
plaints.
(4) Concise Form with Precision and Certainty
The material facts must be stated in a summary form, succinctly and in a strict chronological
order. All unnecessary allegations and their details should be omitted in order to attain brevity
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in pleadings. Pleading is not a place for fine writing but only assertion of hard facts. It is
desirable to go straight to the point and state fact, boldly, clearly and concisely and to avoid
all paraphrasing and all circumlocutions. As far as possible an active voice should be
preferred to passive in pleading. The same person or thing should be called by the same name
throughout the pleading. The pleading shall be divided into paragraph numbered
consecutively. Dates sums and numbers shall be expressed in figures, even though the
pleading should be concise, it should never be obscure. It should be both concise , as well as
precise. The parties cannot change the case and get the relief.
As already discussed the unnecessary facts should be omitted from the pleadings. Let us
summarise them.
(1)Matters of law, (2)Matters of evidence, (3)Matters not alleged in the opponent‟s pleading,
(4)Matters presumed by law, (5)The performance of condition precedent, (6)The words of
documents, (7)Matters affecting cost only, (8)Matters not material to the case, (9)The
defendant need not plead to the prayer of the plaintiff, (10)The defendant need not plead to
the damages claimed or their amount. The above details should not be pleaded in a pleading.
A good pleader should bear in mind the following points in relation to a pleading:
(1) Describe the names and places accurately and spell them correctly and adopt the same
spelling throughout.
(2) One should always avoid the use of pronoun as „He‟, „She‟, „This‟, or „That‟. the plaintiff
or the defendant should not be addressed by their names at some place and at some place by
the word „Plaintiff‟ and „ defendant‟, call them throughout your pleading by the expression
„the plaintiff‟ and „the defendant‟ as the case may be. Where one has to distinguish between
two or more plaintiff or defendant, call in your pleading, „the plaintiff Ramashankar‟ or „the
defendant-Hariharan‟ as the case may be.
(3) A lawyers should allege all facts boldly and plainly. he should use the language of the
document or the act itself; and he should not invent his own language however correct it may
be, e.g. of a policy becomes void in case, “the assured shall die of his own hand.” Now, inthis
case while drafting the pleading instead “ the assured killed himself” or he committed
suicide,” plead that “the assured died of his own hand.”
(4) A lawyer should allege all facts boldly and plainly. He should avoid ifs and buts. As far as
possible complex sentences should also be avoided. Facts should not be repeated. Pleading
should be divided into separate paragraphs and as far as possible only one fact should be
contained by one paragraph embodying all necessary particulars in the pleading.
(5) Every pleading shall be signed by the party and his advocate and, if the party is unable to
sign the pleading it may be signed by this agent.
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(6) Every pleading shall be verified by the party or the parties. A verification can also be made
by any other person if acquainted with the facts of pleadings. False verification is an offence
punishable by the Indian Penal Code.
(7) In cases where a corporation is a party, pleading may be verified by Secretary or by the
director or by any other principal officer of that corporation who is able to depose the facts of
the case. in verification clause one should denote according to the numbers of paragraph o his
own knowledge and what he verified upon the information received and verified to be true.
Alternative Pleas:
Law does not prohibit a plaintiff from relying on several distinct and different rights in the
alternative or a defendant from raising as many distinct and separate defences as he like. For
example, a plaintiff may sue for possession of a house belonging to A, as an adopted son of
A, and in the alternative under a will executed by A in the plaintiff‟s favour. A plaintiff may
claim proprietary right in a land, or, in the alternative easementary right In an action for preemption
the defendant is not prohibited from setting up a plea of estoppels in addition to a
plea of denial of custom of pre-emption. A Hindu person claiming under a sale deed from a
Hindu widow may support his claim by pleading that the widow separated during the life time
of her husband and hence she was the owner of the property which she had sold to him, or in
the alternative the widow was in possession for ever 12 years and thus became owner by
adverse possession.
A defendant in money suit due on promissory note against him may plead that he did not
execute the promissory note, and in the alternative the plaintiff claim is barred by the law of
limitation. But it must be carefully borne in mind by the draftsman and separately be stated in
the pleading. The Court will not allow any such pleas on the ground covered by implication
unless specifically set out. Thus, in a suit by a son to set aside certain transfers made by his
mother on the ground of unsoundness of mind of his mother at the time or the transfer and
further averred that the donee was residing with his mother and was completely under his
dominion and control and the donee knew the mental condition of the donor.
*********

CIVIL PLEADINGS
[NOTE : All pleadings must be neatly typed/printed in one and a half space]
IN THE COURT OF DISTRICT JUDGE (DISTRICT __________) DELHI
SUIT NO ……………. OF 20..
(SUIT UNDER ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE, 1908)
IN THE MATTER OF:
M/s ABC Pvt. Ltd.
A Company Incorporated Under The
Companies Act, Having Its Registered Office
At New Delhi.
Through its Director
Shri……………………
……….. PLAINTIFF
VERSUS
M/s XYZ Ltd.
A Company Incprporated Under The
Companies Act. Having Its Registered
Office At Delhi
Through its Director
Shri…………………… …….. DEFENDANT
SUIT FOR RECOVERY OF RS. 4,19,200/-(Four lakh nineteen thousand two hundred
Only) UNDER ORDER XXXVII OF CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWETH:
1. That the Plaintiff is a Company constituted under the Companies Act having its
registered office at B-40, Safdarjung Enclave, New Delhi. Mr. P. Executive Director or the
Plaintiff-company, is a duly constituted attorney of the Plaintiff-company and is authorized
and competent to sign and verify the plaint, vakalatnama etc. and to institute this suit on
behalf of the Plaintiff.
2. That the Plaintiff-company inter-alia carry on the business of construction,
engineering and designing. The Plaintiffs are builders of international repute and have earned
a big name in their business.
3. That the Defendant is a Company incorporated under the Companies Act having their
registered office at Chandigarh. However, the Administrative office of the Defendant is
situated at Delhi i.e. within the jurisdiction of this Hon‟ble Court.
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4. That the Defendant approached the Plaintiff for construction of a building for their
paper mill at Chandigarh some time in the year 2000 whereupon the Plaintiff constructed the
building and handed over the possession of the same to the Defendant sometime in December,
2013.
5. That the on 4th April, 2014, the Plaintiff raised the final bill for Rs. 4,19,200/- on the
Defendant on account of the aforesaid construction of their paper mill at Chandigarh against
which the Defendant handed over cheque No. 213456 dated 18.4.2014 for Rs. 4,19,200/-
drawn on Punjab National Bank, Shahdara, Delhi to the Plaintiff, which was dishonoured
upon presentation.
6. That the Plaintiff immediately informed the Defendant about the dishonour of the said
cheque and called upon the Defendant to make the payment of the said amount along with
interest @ 18% per annum. However, the Defendant failed to pay the same to the Plaintiff
despite repeated requests and reminders.
7. That the Plaintiff therefore finally issued a legal notice dated 6th April, 2015 to the
Defendant calling upon the Defendant to clear the outstanding amount of Rs. 1,39,492/- along
with interest at the rate of 18% per annum w.e.f. 4-4-2014 upto the date of payment.
However, no payment has been made by the Defendant despite the said notice.
8. That the Defendant is now liable to pay a sum of Rs. 4,19,200/- along with interest @
18% per annum from the date on the Plaintiff‟s bill. The Plaintiff is however, claiming
interest form 18-4-2014 upto the date of filing of this suit @ 18% per annum.
9. That the cause of action in favour of the Plaintiff and against the Defendant first arose
in 2000 when the Plaintiff was approached by the Defendant for construction of their paper
mill. It further arose in December, 2013 when the said building was completed and handed
over to the Defendant and on 4th April, 2014 when the Plaintiff submitted the final bill for Rs.
4,19,200/- to the Defendant. The cause of action arose on all dates when the Plaintiff called
upon the Defendant to make the payment and the later failed to comply with it. The cause of
action is still subsisting as the Defendant has failed to pay the outstanding amount despite
repeated oral and written requests and reminders from the Plaintiff.
10. The suit is within the period of limitation.
11. This Hon‟ble Court has jurisdiction to entertain this suit because the part of the cause
of action arose at Delhi. The contract for construction of the paper mill was entered at Delhi,
all the payments upto this date have been made at Delhi and the payment of the outstanding
amount was also to be made at Delhi. The Administrative Office of the Defendant is situated
at Delhi where they carry on the work for their gain.
12. The value of this suit for the purposes of court fee and jurisdiction is Rs. ——— on
which court fee of Rs. ___________is paid.
13. 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 Hon‟ble Court may be pleased to :-
(a) Pass a decree for Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and Two
Hundred only) with interest @ 18% per annum from 18.4.2014 upto the date
of filing the suit in favour of the Plaintiff and against the Defendant;
(b) award pendentlite and future interest at the rate of 18% per annum on the
above stated amount of Rs. 4,19,200/-(Four Lakhs Nineteen Thousand and
Two Hundred only) with interest @ 18% per annum from 18.4.2014 upto the
date of filing the suit in favour of the Plaintiff and against the Defendant;
(c) award cost of the suit in favour of the Plaintiff and against the Defendant; and
(d) pass such other and further order(s) as may be deemed fit and proper on the
facts and in the circumstances of this case.
Plaintiff
Place: Through
Date: Advocate
VERIFICATION:
Verified at Delhi on this 1st day of January 20… that the contents of paras 1 to 8 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 9 to 13 are true on information received and
believed to be true and last para is the humble prayer to this Hon‟ble Court.
Plaintiff
[NOTE : The above plaint must be supported by an Affidavit]