IN THE COURT OF CIVIL JUDGE, CLASS-II

AT MEERUT

O.S. No. …………… / 20…….

Mrs. Shabnam, aged about 45 years, W/o Mr. Kayyum, R/o H No. 31, Railway Colony,Meerut-
250002 ………………….. ………………………………………………………..Plaintiff

Versus

Mr. Shamshad, aged about 32 years S/o Late Shakib Ali Samshad, R/o H No. 32, North of
Mohalla crazy Pura, Nagar Palika nine,Meerut-601500 ………………………..Defendant

Written Statement filed by the defendant under Order VIII Rule 1 of C.P.C.

The defendant most respectfully states as follows:

1. It is humbly submitted that the defendant has gone through the averments made in the
plaint and the affidavit filed in support of the plaint. The averments, which are not
admitted, are denied. The Plaintiff has been given the proof of the same. Most of the
averments are not true, so the suit is not maintainable.

2. In the reply to the para a of the plaint, it is humbly submitted that the plaintiff is not the
absolute owner of the property and the said property belongs to the original owner i.e.
Mrs. Bano & Mrs. Kaneez. As valid and legal contract doesn’t exists between the
defendant and the said owners of the property so the plaintiff has no right to claim
anything out of it unless the contract is revoked or gets expired.

3. Para b of the plaint is hereby admitted and no reply is needed.

4. Para c of the plaint is admitted and no reply is required.

5. In reply to para c of the plaint, it is submitted that there is no sale deed exists between the
plaintiff and Mrs. Bano especially when there is a valid contract exists between the
defendant and Mrs. Bano. Had the sale deed been existed, Mrs. Bano would have
informed the defendant.
 6. In reply to the cause of action arising out of the plaint, it is submitted that the notice
issued by the plaintiff to the defendant received on 10/09/17. The content of the notice
was not correct and was vague. The claims made by the plaintiff are therefore baseless
and appropriate reply to that notice was sent by the defendant through his counsel.

7. The other allegations of the plaint which are not specifically admitted hereinafter are
denied.

8. The market value of the property is more than Rs. __________/- and so this court has no
jurisdiction to try this case.

9. The respondent therefore prays that the suit be dismissed with costs.

Place: Meerut

Date: 25/09/17

Signature of the defendant

Advocate for defendant

(Mr. Ankit Kumar)

Verification

I, Shamshad, S/o Late Shakib Ali Samshad, aged 32 years, do hereby declare that the facts stated
in paras a to d are true to the best of my knowledge, information and belief and I believe the
same to correct. Hence, verified on 25/09/17 at Meerut.

(Signature)

Defendant
 Application under order 39 Rule 1 and 2

IN THE COURT OF Civil Judge Class II at Gorakhpur

Application No:______ of 2004

Mr. Gulab s/o Late. Motichoor

House No. 4

Tubewell Colony

Deoria- 270081

Versus

Mr. Bekar s/o Late Motichoor

Raghav Nagar

Deoria- 278006

Application under order 39 Rule 1 and 2 of the Civil Procedure Code

Respectfully Sheweth:

1. That the applicant/plaintiff(Mr. Gulab) has filed a case before this honorable court hearing
where of will take some time.

2. That it is apparent from perusal of grounds and documents attached therewith that the
applicant has prima facie a very good case in his favour and the case is likely to succeed. The
balance of convenience is in favour of the applicant. It is very clear from the plain reading of the
facts that Mr. Gulab started the construction process without giving proper notice/information to
my client The grounds of the case may be read as part of this application to save the repetition.

3. That the interest of justice demands that the respondent is restrained from carrying out the
construction work on the land which belonged to my client. The respondent also failed to give
proper intimation to my client regarding the construction work and that he did it on his own
whims and fancies. In case the respondents are not restraining that the applicant will suffer
irreparable loss and injury which cannot be compensated in terms of money and filing of this
case will become infructuous.

4. It is therefore most respectfully prayed that the respondents be restrained from carrying out
construction work on the land of my client in the interest of justice. Such other orders he also
passed in favour of the applicant as deemed fit in facts and circumstances of the case.

Signature of Applicant-

Signature of Advocate- Ankit Kumar

Application No:______ of 2004

Mr. Gulab s/o Late. Motichoor

House No. 4

Tubewell Colony

Deoria- 270081

Versus

Mr. Bekar s/o Late Motichoor

Raghav Nagar

Deoria- 278006

Affidavit in support of application under order 39 Rule 1 and 2 of the Civil Procedure Code.
I, Mr.Gulab s/o Late Mr. Motichoor, resident of House No.4 Tubewell Colony Deoria-270081
do hereby solemnly affirm and declare as under:-

1. That the accompanying application has been prepared under my instructions.

2. That the contents of paras 1 to 4 are true and correct to the best of my knowledge.

3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct
and true to the best of my knowledge and no part of it is false and nothing material has been
concealed therewith. Affirmed at Deoria on 25/09/17

Deponent.