myversionofyou Hello everyone and welcome back to My Version Of You. I hope you all are safe and doing well. So, today I am going to post a plaint. Being a law student I personally always face a problem with the drafting of Plaint which is an essential legal drafting skill for the legal fraternity.
So, I decided to come up with ‘How to draft Plaint’ to learn this essential drafting skill one must be an active learner.
Happy Learning 🙂
IN THE COURT OF THE JUNIOR CIVIL JUDGE,
CITY CIVIL COURT, BENARAS
Civil Suit No. 10 of 2020
(Under section 26 read with Order VII of the Code of Civil Procedure, 1908)
IN THE MATTER OF:
Mr. A,
S/o……………….. Aged …. Years,
Occ: ………….
R/o. Shimla. ………… Plaintiff
Versus
1. Mr. B,
S/o………………………, Aged …. Years,
Occ:…………….
R/o. Calcutta. ………… Defendant(1)
2. Mr. C,
S/o………………………, Aged …. Years,
Occ:…………….
R/o. New- Delhi. ………… Defendant(2)
PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC
1. DESCRIPTION OF THE PLAINTIFF:
The Plaintiff is experienced who runs a consultancy firm incorporated under the Companies Act, of 1956 having its registered office at B-212, Gandhi colony, Benares. The present suit is initiated by him. The address for service of all notices and summons of the process to the above-named plaintiff is that of his Counsel Mr. Abhinav Srivastav, Benares)
2. DESCRIPTION OF THE DEFENDANT (1):
The Defendant (1) Mr. B, the friend of A, is an experienced Web Designer who works at ABC company having its registered office at A-12, Durgapur, Calcutta. The address for service of all summons, notices, and process on the defendants is as stated above in ‘Clause Title’.
3. DESCRIPTION OF THE DEFENDANT(2):
The Defendant (2) Mr. C, the friend of A, Software Engineer who works at ABC company having its registered office on the 4th floor, Statesman House, Kasturba Gandhi Marg, New-Delhi. The address for service of all summons, notices, and process on the defendants is as stated above in ‘Clause Title’.
4. BRIEF FACTS OF THE CASE:
The Defendants having an acquaintance with the plaintiff approached him and requested to advance a hand loan of Rs.20,000/- (Rupees twenty-five thousand Rupees only) to meet their home needs. The Defendants also proposed to execute a Promissory Note for the said amount and with simple interest @ 18% p.a. Due to that acquaintance, the Plaintiff agreed for the same and thus, the defendant has borrowed a sum of Rs.20,000/- as hand loan on 1st February 2018 from the Plaintiff at the Plaintiff’s office situated at Benares and executed a Promissory Note for the said amount in favor of the Plaintiff and promised to repay the said hand loan within a period of 2 years from the date of execution of the promissory note. It is respectfully submitted that despite repeated oral demands made by the Plaintiff, the Defendant did not bother to repay the said hand Loan amount.
5. The Plaintiff having vexed with the conduct of the Defendants avoiding the repayment got issued a legal notice to the Defendants on 1st April 2020 through his Counsel by way of Regd Post to his Residence. The Defendants received the same but did not reply.
6. The Plaintiff submits that the Defendant having borrowed the amount of Rs.20,000/- (Rupees Twenty Five Thousand only) as hand loan and having executed the Promissory Note is bound to repay the same to the Plaintiff who is entitled to interest on the suit amount from the date of demand i.e. 1st April 2020 till realization @ 18% p.a. As the Defendant is avoiding payment, the Plaintiff is left with no option except to approach the Hon’ble Court by way of this suit. Given the above-said facts, the Plaintiff is entitled to sue the defendants.
7. The Plaintiff submits that The Defendants are liable to pay the following outstanding amount:
- Promissory Note Amount: 20,000.00
- Interest on 20,000 @ 18% p.a.
- From 01.02.2018 as on date filing of the suit: 9,000.00
Therefore, the Defendants have to pay a total sum of Rs.29,000/- (Rupees Thirty Four Thousands Only) to the Plaintiff as on the date of filing of the present suit. Hence, this suit.
8. CAUSE OF ACTION :
The cause of action for the suit arose on 01.02.2018 when the Defendant borrowed the amount and executed pro-note and on 01.04.2020 when the Plaintiff got issued a legal notice to Defendant calling upon the defendant to repay the amount and still subsists.
9.VALUATION:
The relief of recovery of money under Sec. 20 of APCF & SV Act and CF of Rs 34000.00/- is paid thereon and the same is sufficient.
10. JURISDICTION:
The Plaintiff and the defendants are at Benares during the execution of Promissory Note and the Defendants borrowed the said loan amount from the Plaintiff at the office of the Plaintiff which is at Benares and hence this Hon’ble Court is having territorial & pecuniary Jurisdictions to entertain the present suit.
DECLARATION :
The Plaintiff has not filed any suit against the Defendant and no suit is pending between the parties in respect of the relief being claimed in this suit.
LIMITATION:
The Defendant borrowed the said hand loan amount on 01.02.2018 and the legal notice issued to the Defendant on 01.04.2020 and therefore the present suit is within the limitation.
PRAYER :
Hence, the plaintiff herein prays the Hon’ble Court may be pleased to pass Order and Decree in favor of the Plaintiff and against the Defendant.
(a) To direct the Defendant to pay a sum of Rs. 29,000/- together with future interest thereon,
from the date of this suit, till the date of realization of the entire suit claim;
(b) To award the costs of this suit, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of Justice.
COUNSEL FOR THE PLAINTIFF PLAINTIFF
VERIFICATION
I, Mr. A, S/o.—————-, Age __ years, Occ:____________. R/o. Shimla does hereby declare that the contents of this planet from paragraph 1 to 13are true and correct to the best of our knowledge and believed to be true and correct, and the rest of the paras are based on the information and legal advice received to me.
Signed and verified on April 7th, 2020 at Benares.
PLAINTIFF
LIST OF DOCUMENTS FILED BY PLAINTIFFS
Sl.
No.
Date
Parties
Description of Document
Page No.
1. 01.02.2018.
Defendant & Plaintiff
Promissory Note in Original.
2. 01.04.2020.
Plaintiff & Defendant
Office copy of the Legal Notice.
3. 01.04.2020
Plaintiff & Defendant
Proof of sending Legal Notice.
4. Plaintiff & Defendant
Acknowledgments in receipt of the notice served on the defendant.
Very good article
Thankyou 🙂
Very insightful article! ????????
Thank you 🙂
Never knew that this word exist, thanks for enlightening me.