FILING OF WRITTEN STATEMENT AND PLAINT

Submitted by
Anubhav Niranjan

Roll No.:- 08
Class: - B.Com.,LLb 3rd Semester
Of
Faculty of Law

Dr Shakuntala Misra National Rehabilitation

University
Lucknow

In
Under the Guidance of
Mrs Vijeta Dua
 CERTIFICATE

The project entitled on the topic "FILING OF WRITEN STATEMENT AND

PLAINT" submitted to the Faculty of Law, Dr. Shakuntala Misra National
Rehabilitation University, Lucknow for 3rd year as part of internal assessment,
is based on my original work carried out under the guidance of Mrs Vijeta Dua.

The research work has not been submitted elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the thesis has
been duly acknowledged. I understand that I myself could be held responsible
and accountable for plagiarism, if any, detected later on.

Date: Signature of the candidate

2
 TABLE OF CONTENT
 PROCEDURE TO E FOLLOWED BY CIVIL TRAIL

 DESCRIPTION OF THE PARTIES

 PLAINT FILED
 DESCRIPTION OF THE PLAINTIFF
 DESCRIPTION OF THE DEFENDANT
 BRIEF FACTS OF THE CASE
 CAUSE OF ACTION
 VALUATION
 JURISDICTION
 DECLARATION
 LIMITATION
 PRAYER

 VERFICATION OF PLAINTIFF

 LIST OF DOCUMENT FILED BY THE PLAINTIFF

 DESCRIPTION OF THE PARTIES

 WRITTEN STATEMENT FILED

 VERFICATION OF DEFENDANT

 BIBLIOGRAPHY
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher

Mrs Vijeta Dua who gave me the golden opportunity to do this wonderful
topic "FILING OF WRITEN STATEMENT AND PLAINT" which also helped
me in doing a lot of Research and I came to know about so many new
things I am really thankful to them.

Anubhav Niranjan

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 PROCEDURE TO BE FOLLOWED BY COURTS IN THE TRAIL OF CIVIL COURT

1) PLAINT, DOCUMENT & AFFIDAVIT U/O VII Rule 1 & 14

(The Plaintiff shall produce original document along with his plaint copy and the Court shall issue summons to the
defendants as per the provision of section 3 of Limitation Act, 1963)

2) WRITTEN STATEMENT, DOCUMENT & AFFIDAVITS U/O VIII Rule 1 & 1A

(The Defendants shall produce original document along with his written statement within 30 days from the date of
receipt of summons. The Court shall extend the time up to 90 days U/O 8 and further 30 days U/S 148 CPC. Total 120
days. The Court shall not extend the time beyond 120 days to the defendants for filing the written statement &
Document as per Sec 3 of Limitation Act, 1963)

3) BOTH THE LITIGANTS SHALL APPEARE IN THE COURT U/O IX

4) JUDGE SHALL EXAMINE BOTH THE LITIGANTS PERSONALLY U/O X

5) INTERROGATION U/O XI
(Any litigant may ask questions in writing and the other litigant shall answer in writing within 7 days from the date of
receipt of the notice)

6) NOTICE TO ADMIT FACT & DOCUMENT U/O XII

(Any litigant may issue notice to his litigant to admit or deny the facts/ documents filing by him in the court and other
shall respond in writing within 7 days from the date of receipt of the notice)

7) MAKING ORIGINAL DOCUMENTS OF BOTH THE LITIGANTS U/O XIII

8) ISSUES U/O XIV

(The Question of Law and Facts to be decided shall be framed separately and the court shall explain to each litigant the
burden of proof on whom it lies)

9) LIST OF WITNESS U/O XVI

(The Litigants shall produce in the court the list of witnesses within 15 days from the date of framing of issue.)

10) ADJOURNMENTS U/O XVII Proviso to Rule 1

(Court shall not grant adjournment more than 3 to each party to the suits only after recording the reason on record.)

11) WITNESSES EXAMINATION U/O XVIII

(Witnesses only are to be Cross Examined by Advocates.)
THERE IS NO NEED OF GIVING EVIDENCE TO THE MAIN LITIGANTS TO THE SUIT .

12) ARGUMENTS (Witnesses only are to be Cross Examined by Advocates.) U/O XVIII

13) JUDGEMENT U/O XX

(The Court shall pronounce judgment within 30 days from the day of completion of arguing b
 IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE :
CITY CIVIL COURT : AT LUCKNOW.

O.S. No. 2840001 of 2014

Between:-
Mr. Arvind Kumar,
S/o Brijpal Kumar
Aged 46 years,
Occupation: Self Employed
R/o. Lucknow .......… Plaintiff

And

Mr. Rajvir Singh

S/o Arvind Singh
Aged 42 Years,
Occupation: Worker in Pvt. Company
R/o. Lucknow .........…Defendant

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 PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC

I) DESCRIPTION OF THE PLAINTIFFS:

The address for service of all notices and summons of process to the above named plaintiff is
that of his Counsel Mr. N.Venkateswara Rao, Lucknow)

II) DESCRIPTION OF THE DEFENDANTS:

The address for service of all summons, notices and process on the defendants is as stated
above in ‘Cause Title’.

III. BRIEF FACTS OF THE CASE:

1. It is submitted that the Defendant having an acquaintance with the plaintiff approached him
and requested to advance a hand loan of Rs.25,000/- (Rupees twenty five thousand Rupees only) to
meet his son’s education needs. The Defendant also proposed to execute a Promissory Note for the
said amount and with a 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.25,000/- as hand loan on 1st January,
2012 from the Plaintiff at the Plaintiff’s home situated at Hyderabad 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 in spite of
repeated oral demands made by the Plaintiff, the Defendant did not bother to repay the said hand
Loan amount.

2. The Plaintiff having vexed with the conduct of the Defendant avoiding the repayment, got
issued a legal notice to the Defendant on 1st January, 2014 through his Counsel by way of Registries
Post with Acknowledge Due as well as UCP, to his Residence. The Defendant received the same but
did not reply.

3. The Plaintiff submits that the Defendant having borrowed the amount of Rs.25,000/-
(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 for interest on the suit amount from the date of
demand i.e. 1st January, 2014 till realization @ 18% p.a. As the Defendant is avoiding payment, the
Plaintiff has left with no option except to approach this Honorable Court by way of this suit. In view of
the above said facts, the Plaintiff is entitled to sue the defendant.

4. The Plaintiff submits that The Defendant is liable to pay the following outstanding amount:
(i) Promissory Note Amount : 25,000.00
(ii) Interest on 25,000 @ 18% p.a. From
01.01.2005 as on date filing of the suit : 9,000.00
---------------
34,000.00
---------------
THEREFORE, THE DEFENDANT HAS TO PAY A TOTAL SUM OF RS.34,000/- (RUPEES THIRTY
FOUR THOUSANDS ONLY) TO THE PLAINTIFF AS ON THE DATE OF FILING OF THE PRESENT
SUIT. HENCE, THIS SUIT.
IV. CAUSE OF ACTION :

The cause of action for the suit arose on 01.01.2012 when the Defendant borrowed the
amount and executed pro-note and on 01.01.2014 when the Plaintiff got issued a legal notice to
Defendant calling upon defendant to repay the amount and still subsists.

V. VALUATION:

The relief of recovery of money under Sec. 20 of APCF & SV Act and CF of Rs 34,000 is paid
thereon and the same is sufficient.

VI. JURISDICTION:

The Plaintiff is residing at Hyderabad and the Defendant borrowed the said loan amount from
the Plaintiff at the residence of the Plaintiff and hence this Honorable Court is having territorial &
pecuniary Jurisdictions to entertain the present suit.

VII. 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.

VIII. LIMITATION :

The Defendant borrowed, the said hand loan amount on 01.01.2012 and the legal notice
issued to the Defendant on 01.01.2014 and therefore the present suit is within the limitation.

IX. PRAYER :

Hence, the plaintiff herein prays that this Honorable 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. 34,000/- 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 Honorable
Court may deem fit and proper in the circumstances of the case in the interest of Justice.

COUNSEL FOR THE PLAINTIFF PLAINTIFF

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 VERIFICATION

I, Mr. Arvind Kumar, S/o. Brijpal Kumar, Age 46 years, Occupation: Self Employment,
R/o.Lucknow, do hereby declare that the contents of Para III are true and correct to the best of our
knowledge and believed to be true and correct, and the rest of the paragraphs are on the basis of
information and legal advice and verified on this day of June, 2014 at Lucknow .

LIST OF DOCUMENTS FILED BY PLAINTIFFS

S.No. Dates Parties Description of the Documents

Defendant &
1 01.01.2012
Plaintiff Promissory Note in Original.
Defendant &
2 01.01.2014
Plaintiff Office copy of the Legal Notice.
Defendant &
3 01.01.2014
Plaintiff Proof of sending Legal Notice.
Defendant & Acknowledgements in receipt of the notice served on the
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Plaintiff defendant.
 IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE :
CITY CIVIL COURT : AT LUCKNOW.

O.S. No. 2840001 of 2014

Between:-
Mr. Arvind Kumar,
S/o Brijpal Kumar
Aged 46 years,
Occupation: Self Employed
R/o. Lucknow .......… Plaintiff

And

Mr. Rajvir Singh

S/o Arvind Singh
Aged 42 Years,
Occupation: Worker in Pvt. Company
R/o. Lucknow .........…Defendant

10
WRITTEN STATEMENT FILED BY THE DEFENDANT UNDER ORDER VIII, RL.1, C.P.C.

1) It is submitted that the defendant has gone through the averments made in the plaint and affidavit
filed in support of the plaint. The averments, which are not specifically admitted, are denied. The
Plaintiff is put to strict proof of the same. Most of the averments are not correct and false and the suit
is not maintainable.

2) In reply to Para III (1) of the plaint, it is submitted that I have no acquaintance with the plaintiff and
did not approach at any point of time for hand loan to meet my son’s education and executed
promissory note in favor of the plaintiff. I have sufficient means to support my family. Hence, there is
no question of taking hand loan from the plaintiff and execution of promissory note in favor of the
plaintiff.

3) In reply to paragraph III (2) of the plaint, it is submitted that the notice issued by the plaintiff was
received by me on 1st January, 2014. The contents of the notice are vague and false. Since I did not
approach the plaintiff for any hand loan and executed promissory note, I did not choose to reply the
notice. Hence, the allegations in the notice are denied.

4) In reply to paragraph III (3) of the plaint, it is submitted that I did not borrow any amount from the
plaintiff and executed promissory note in favor of him. The allegation of the plaintiff is false and I need
not bound to pay any amount to the plaintiff. It is not correct to say that I have borrowed a sum of
Rs.25,000/- from the plaintiff and executed a promissory note in favor of him.

5) In reply to Para III (4) of the plaint, it is submitted that since there is no amount is borrowed from
the plaintiff and executed pro-note, the figures of outstanding stated in paragraph therein is false and
fabricated one.

6) It is submitted that I have never approached the plaintiff for any amount said to have been
borrowed by me and executed pro-note. Since we reside in the same street and due to rivalry
between our two families regarding some disputes relating to colony problems, the plaintiff has
fabricated the pro-note and filed the present suit alleging that I have borrowed a sum of Rs.25,000/-
from plaintiff and executed a pro-note. The plaintiff is trying to mislead this Honorable Court and
made false allegations in the plaint.

7) The other allegations of the plaint which are not specifically admitted herein are denied. The
plaintiff is put to strict proof of the same.
Hence, it is prayed that this Honorable Court may be pleased to dismiss the suit with costs.

Counsel for the Defendant Defendant

 VERIFICATION

I, Mr. Rajvir Singh, S/o. Arvind Singh, Age 42 years, Occupation: Worker in Pvt. Company ,
R/o.Lucknow, do hereby declare that the contents of Para III are true and correct to the best of our
knowledge and believed to be true and correct, and the rest of the paragraphs are on the basis of
information and legal advice and verified on this day of June, 2014 at Lucknow .

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 BIBLIOGRAPHY

 Case reference:
(a) Brijpal vs. Rampal, AIR 1972 (Para 11)
(b) Vijay Raj vs. R.N Tiwari, AIR 2009 (Para 18)

 Central Law Agency: Bare Act, The Code of Civil Procedure.

 http://www.lawyersclubindia.com/forum/Plaint-amp-Written-Statement-5487.asp