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Q1. Draft a sale deed for the Conveyance for the immovable property.

SALE DEED OF A HOUSE

This DEED OF ABSOLUTE SALE is made and executed on this the 01/11/2022 (First day
of September of Two Thousand Twenty Two) at Bhagalpur by and between:

SRI Ankesh Singh, S/O. Sri Anmol Singh,

Aged about 45 years, Occupation: Business,

Address: 1.2, Sahar, Bhagalpur, B.R. (hereinafter called the VENDOR of the one part which
expression shall include his executors, administrators, legal representatives, successors etc.)
as the first party.

AND

SRI Yogendra Verma, S/O: Sri Bihari Verma,

Aged about 40 years.

Occupation: Government Employee,

Address: H.No. 15, Rajpur, Bhagalpur. B.R. (hereinafter called the PURCHASER of the
Other Part which expression wherever the context so requires shall mean and include his
heirs, executors, administrators, legal representatives, successors etc.) as the other party.

WHEREAS the VENDOR herein has purchased the said property more fully described in the
Schedule hereunder from Sri A by sale deed.

WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of the
property more fully described in the Schedule hereunder with a constructed house thereon,
which was constructed by him with his self-earned funds, till date.

WHEREAS the VENDOR is the exclusive owner of the property more fully described in the
schedule hereunder and he has absolute right to dispose of the same as in the manner he
wishes;

AND WHEREAS the VENDOR needs funds in order to meet his personal commitments and
family expenses and has decided to sell the property more fully described in the Schedule
hereunder for a sum of Rs 10,00,000/- (Rupees Ten Lakhs only) and the PURCHASER
herein has also agreed to purchase the same for the said price and to the effect they entered
into an agreement to sell dated.

NOW THIS DEED OF SALE WITNESS

That in pursuance of the aforesaid agreement and in consideration of a sum of Rs. 10,00,000/-
(Rupees Ten Lakhs only) received by the VENDOR in cash and the receipt of the said entire
consideration of Rs.10,00,000/- (Rupees Ten Lakhs only), the VENDOR doth hereby admit,
acknowledge, acquit, release and discharge the VENDOR from making further payment
thereof and the VENDOR doth hereby sell, convey, transfer, and assigns unto and to the use
of the PURCHASER, the property more fully described in the Schedule hereunder together
with the water ways, easements, advantages and appurtenances, and all estate, rights, title and
interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD the said
property hereby conveyed unto the PURCHASER absolutely and forever.

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:

1. That the property more fully described in the Schedule hereunder shall be quietly and
peacefully entered into and held and enjoyed by the PURCHASER without any
interference, interruption, or disturbance from the VENDOR or any person claiming
through or under him.
2. That the VENDOR has absolute right, title and full power to sell, convey and transfer
unto the PURCHASER by way of absolute sale and that the VENDOR has not done
anything or knowingly suffered anything whereby his right and power to sell and
convey to the PURCHASER the property hereby conveyed.
3. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind
whatsoever and should thereby and the VENDOR shall discharge the same from and
out of his own funds and keep the PURCHASER indemnified.
4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has
paid all the taxes, rates and other outgoings due to Local bodies, revenue, urban and
other authorities in respect of the property more fully described in the Schedule
hereunder up to the date of execution of this sale deed and the PURCHASER shall
bear and pay the same hereafter. If any arrears are found due to the earlier period, the
same shall be discharged by the VENDOR.
5. That the VENDOR has handed over the vacant possession of the property more fully
described in the Schedule hereunder to the PURCHASER and delivered the connected
original title document in respect of the schedule mentioned property hereby
conveyed on the date of execution of these presents.
6. That the VENDOR will at all times and at the cost of the PURCHASER execute,
register or cause to be done, all such acts and deeds for perfecting the title to the
PURCHASER in the property hereby sold and conveyed herein.
7. That the VENDOR does hereby covenants and assures that the PURCHASER is
entitled to have mutation of his name in all public records, local body and also obtain
patta in the name of the PURCHASER and undertakes to execute any deed in this
respect.

SCHEDULE OF PROPERTY

All the part and parcel of house building property bearing Municipal No. 12A, situated in
Sahar Mandal, Bhagalpur, B.R. consisting of a plinth area of 1200sq.ft. constructed on a total
landed area of 300sq.yds. and bounded by:

North: Neighbour’s house bearing No. 1/11

West: 15’ Public Road

East: Neighbour’s house bearing No. 1/14

South: 30’ Public Road

North: Neighbour’s house bearing No. 1/11

In witness thereof, the parties herein have put his hand and signed on this deed of sale on the
day, month, year and place first above mentioned with his free will and consent and without
any coercion or fraud, in the presence of following witnesses:

Witnesses:

Sd/

1) SRI Ankesh Singh

H.No. 20/1 A

Sahar
Bhagalpur……………………………………………………………………....THE VENDOR

Sd/

2) Yogendra Verma

H. No. 153/2

Sahar, Bhagalpur…………………………………………………………..THE PURCHASER


Q2. Draft a FIR for your lost original passport and PAN Card u/s 154 CrPC, 1973.

From,
Kumar Pritam
Ward No - 6, Lakhisarai, Bihar- 811311
7277621700
kpritamsadn@gmail.com

To,
The Station House Officer,
Town Thana, Lakhisarai, Bihar- 811311
Sub: Loss of my original Passport and PAN Card

Respected Sir,
I (Kumar Pritam) am hereby humbly inform you that I have lost my original Passport and
PAN Card while travelling from my native village- Jajwara, P.S- Surajgarha, Lakhisarai-
811309 to Lakhisarai - 811311 by bus. I tried all possible ways to recover them. But could
not able to find them till now. So, I am reaching out to you to file an F.I.R. I have given a
paper advertisement too to find my original passport and PAN Card. I have attached a copy
of it here. Please file F.I.R for my loss of original Passport (J5498883) and PAN Card
(HDFKL2650K) which will make me to step forward to claim New Passport and PAN Card
from concerned department. In case, any further details are required from my end, you may
please contact me through the phone number given above.

Thanking you!
Yours faithfully,
(Applicant)
s/d Kumar Pritam

Attachments:

1. Xerox copy of certificates

2. Copy of paper advertisement about the loss of certificates


Q3. Draft a Gift deed for giving as a gift an immoveable property to a friend or a
relative.

GIFT DEED

FACTS

Gautam intends to denote all his estate comprising land and buildings to his daughter Anusha
in consideration of the natural love and affection he has for her.

This deed of Gift made on the 30th day of November: two thousand Twelve (30.11.2012).
This deed of Gift executed by Sri Gautam, S/o. Vijaya Murali Krishna, Hindu, aged about 70
years, Rtd District Collector, residing at 13-13-2323 Road, No: 20, Nacharam, Hyderabad
(here in after called Donor) includes his heirs executors administrators) on ONE PART in
favour of his only daughter by name Anusha, N/o. Akash Adiyas, Hindu aged about 32 years,
House wife residing at 31-14-14, Danayya Street, Hyderabad (here in after called as a Donee)
of other part.

WHERE as the Donar is a old man, having only one daughter Anusha and no male issues and
the done and her husband are looking after him at this old age intend to gift the house No. 13-
13-2323 Road No.20, Nacharam, Hyderabad, out of love and affections and others good
causes as consideration.

Whereas the donor is the absolute owner of the house bearing D.No. 13- 13-2323, Road
No.20, Nacharam, Hyderabad at present market value of Rs.7,00,000/- with measurement of
total 2,500 per feet i.e. east to west go feet and North to South 60 feet with the boundaries
mentioned in the Schedule grants the said building by way of gift to Donee forever and the
Donee here in shall enjoy the property with absolute rights as the owner collect rents and pay
electric bill, house tax, water tax and other dues to the government here in as absolute owner
without any interruption from the donor or any other perform.

IN WITNESSETH THERE OF THE DONOR has set his hand in the presence of witnesses
on this the 30th day of November two thousand in 2012 at Hyderabad.
SCHEDULE

Hyderabad District, Hyderabad City, Hyderabad Corporation, Nacharam Road No. 20, D.No.
13-13-2323 with the following boundaries.

East: House of the donor D.No. 13-13-2323

West: House of Branch Manager

North: House of Major Ramalalithan

South: Main Road

With doors, door, frances, electricity, connections with meter, bore well will ½ H.P.
Jet Pump. 1 Mango 2 guava, coconut trees etc.

WITNESSES:

(1) XXXXX (Suresh Rao)

(2) XXXXX (Nagesh Rao)

XXXXX

Donor

XXXXX

Donee
Q4. Draft a lease deed for the lease of property of a house for a certain period.

LEASE DEED

THIS LEASE is made on the 11.09.2006 (Eleventh September Two Thousand Six) at
Bhagalpur by

BETWEEN

SRI A, S/O. Sri F, aged about 45 years, Occupation: Business, Address: Sahar, Bhagalpur,
B.R(herein after called the LESSOR).

AND

SRI Y, S/O: Sri B, Aged about 40 years. Occupation: Government Employee, Address:
H.No. 15, Rajpur, Bhagalpur. B.R. (herein after called the LESSEE.)

WHEREAS the LESSOR is the absolute owner and possessor of house building property
consisting of a plinth area of 1200sq.ft. constructed on a total landed area of 300 sq. yds.
bearing House No. 12A, situated at Sahar, Bhagalpur,802208, B.R. detailed description of
which is given in the schedule attached.

WHEREAS the LESSOR needs funds to meet his domestic expenses and therefore offered to
give in lease the said Scheduled property on a monthly rent of Rs. 3000/- (Rupees three
thousand only) with a refundable deposit of Rs. 1,00,000/- (Rupees one lakh only)

WHEREAS the lessee herein has agreed to take the said scheduled property in lease for the
said rent and refundable deposit accordingly.

In pursuance of above offer and acceptance the parties herein have entered into the present
deed of lease based on following terms and conditions.

NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS

1. That in consideration of the rent hereinafter reserved and of the Tenant’s covenants
hereinafter contained the Landlord (party of the one part) hereby leases unto the
Tenant (part of the other part) the Scheduled property along with all the Fixtures,
Fittings, Furniture and effects therein and more particularly described in the schedule
I and schedule. II respectively annexed herewith) and to have and to hold the same
unto the tenant for a term of 1.5year( One and half years), from 12/09/2006 (Twelfth
day of September of Two thousand six)the Tenant paying during the said term a
monthly rent of Rs. 3000/- (Rupees three thousand only) only payable in advance in
the first week of each month and the Tenant hereby covenants with the landlord, as
follows”
2. The Lessee hereby agrees to the following covenants:
a) To pay rent hereby reserved on the day and in the manner aforesaid to the
lessor.
b) To pay all taxes, cess, impositions, assessments, dues and, duties payable in
respect of the demised premises and the building to be constructed thereon to
the Government of Bhagalpur or the Municipal Corporation or any other local
authority or public body.
c) Not to sub-let, sell, dispose of or assign the demised premises or the house
constructed on the demised premises without the consent of the lessor in
writing.
d) To keep the building constructed on the demised premises in good and
tenantable condition.
e) To permit the lessor or his duly authorized agent or agents to enter the
demised premises at all convenient times for inspection of the building.
f) To insure and to keep insured the building that may be constructed on the
demised premises against the loss or damages by the fire, earthquake, riot or
affray with an insurance company approved in writing by the lessor in the
joint names of lessor and lessee for an amount which shall not be less than Rs.
50,000/- (Rupees fifty thousand only)
g) To use the demised premises for construction of house which will be used for
residential purpose only.
h) Not to use the demised premises or the building constructed or any part
thereof for any illegal purpose.The Lessor hereby agrees to the following
covenants:(a) The lessor is absolutely seized and possessed of or otherwise
well and sufficiently entitled to the demised premises and is having full power
and absolute authority to demise unto the lessee the demised premises.
3. The lessee shall peacefully and quietly hold, possess and enjoy the demised premises,
during the term of lease without any interruption, disturbance, claims or demand
whatsoever by the lessor or any person or persons claiming under him, subject
however, the lessee paying the said yearly rent on the due dates thereof and in the
manner herein provided and observing and performing the covenants, conditions and
stipulations herein contained and on his part to be observed and performed.
4. Not to unreasonably withhold his consent to any sub-lease, transfer or assignment of
the demised premises, if intended to be made by the lessee.
5. It is hereby agreed that if default is made by the lessee in payment of the rent for any
1.5 years( One and half years), or in observance and performance of any of the
covenants and stipulations hereby contained and on the part to be observed and
performed by the lessee, then on each such default, the lessor shall be entitled in
addition to or in the alternative to any other remedy that may be available to him at
his discretion, to terminate the lease and eject the lessee from the premises demised
and from the building, that may have been constructed thereon; and to take possession
thereof as full and absolute owner thereof, provided that a notice in writing shall be
given by the lessor to the lessee of his intention to terminate the lease and to take
possession of the demised premises but if the arrears of rent are paid or the lessee
comply with or carry out the covenants and conditions or stipulations, within fifteen
days from the service of such notice, then the lessor shall not be entitled to take
possession of the said premises and building.

AND IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

a) On the expiry of the term hereby created and subject to the observance and
performance of the covenants, conditions and stipulations herein contained and on his
part to be observed and performed, the lessee will have the option to renew the lease
of the demised premises for a further period of one years, provided he gives a notice
to the effect in writing by registered post to the Lessor of his intention to do so at least
three calendar months before the termination of the present lease; provided that the
rent payable by the lessee to the lessor during the extended time of the lease shall be
Rs 36,000/- (Rupees thirty six thousand only) per annum, which will include the rent
of the demised premises and of the building constructed thereon, which on the expiry
of term of the lease, shall vest in and be the absolute property of the Lessor as
hereinabove mentioned. After the expiry of the said period of one years, the Lessee
shall not be entitled to exercise further option of renewal of the lease and shall deliver
the demised premises and the building constructed thereon to the lessor in good
condition as hereinbefore provided.
b) The Lessee shall be entitled to purchase the reversion during the subsistence of this
demise, in respect of the demised premises on the payment to the Lessor, a
consideration to be agreed upon between the Lessor and Lessee and the lessor shall
execute conveyance in respect of the reversion of demised premises purchased by the
Lessee in favor of the lessee or his nominee or nominees; provided that the lessee may
be entitled to purchase a portion or portion of the reversion in respect of any portion
of the demised premises, the rent hereby agreed to be paid by the Lessee to the Lessor
shall be proportionately reduced.
c) On the expiry of the term hereby created or earlier determination under the provisions
hereof, the lessee will hand over the peaceful and vacant possession of the demised
premises and building constructed thereon to the Lessor in a good condition.
6. This Lease Deed shall be executed in duplicate. The original shall be retained by the
Lessor and the duplicate by the Lessee.
7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate
thereof shall be borne and paid by the Lessee.
8. The marginal notes and the catch lines hereto are meant only for convenience of
references and shall not in any way be considered in the interpretation of these
presents.

IN WITNESS WHEREOF, the Lessor has set its hand unto the represents and a duplicate
hereof and the Lessee has caused its common seal to be affixed hereunder and a duplicate
hereof on the day, month and year first hereinabove written.

SCHEDULE OF THE PROPERTY

All the part and parcel of house building property bearing Municipal No. 12A, situated in
Sahar Mandal, Bhagalpur, B.R. consisting of a plinth area of 1200 sq.ft. constructed on a total
landed area of 300sq.yds. and bounded by:

North: Neighbour’s house bearing No. 1/20


South: 30’ Public Road

East: Neighbour’s house bearing No. 1/25

West: 19’ Public Road

In witness thereof, the parties herein have put his hand and signed on this deed of sale on the
day, month, year and place first above mentioned with his free will and consent and without
any coercion or fraud, in the presence of following witnesses:

Witnesses:

Sd/

H.No. 33/55

Sahar

Bhagalpur……………………………………………………………………………LESSORS

Sd/ X

H.No. 153/2

Rajpur

Bhagalpur…………………………………………………………………………….LESSEES
Q5. Draft a criminal complaint under NI Act section 138.

IN THE COURT OF CIVIL COURT, LAKHISARAI, BIHAR

COMPLAINT NO …… OF 2022

IN THE MATTER OF:

Mr. SHYAM KUMAR

JAJWARA, P.O- PAWAI, P.S - SURAJGARHA, LAKHISARAI (BIHAR)-


811309…………………………………………………………………….…COMPLAINANT

VERSUS

Mr. MOHAN SINGH

BARBIGHA, P.O + P.S - BARBIGHA, SHEIKHPURA, BIHAR- 811101

POLICE STATION: BARBIGHA, BIHAR……………………………….……….


ACCUSED

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT,


1881. FOR THE SUM OF RUPEES FIVE LAKH (RS. 5,00,000/- ONLY).

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is working as businessman and is residing at Jajwara, P.O-


Pawai, P.S- Surajgarha, Lakhisarai (Bihar)- 811309.
2. That the present complaint is being field by the complainant Mr. Shyam Kumar to
cause appearance in this Hon'ble Court and to depose and conduct the proceedings.
3. That on First day of January Twenty Twenty Two (01.01.2022) the accused namely
Mr. Mohan Singh had approached the complainant personally and asked for a friendly
loan of Rs. 5,00,000/-.
4. That on Tenth day of January Twenty Twenty Two (10.01.2022) complainant paid
Rs. 5,00,000/- (Rupees Five Lakh) as friendly loan repayable on demand.
5. That towards payment of amount of loan the accused issued Cheque No. 413018
Dated First day of May Twenty Twenty Two (01.05.2022) for Rs. Five Lakh only
(5,00,000/) to the complainant. That in order to discharge their above said liability
and in accordance with the agreed terms and conditions, the accused had issued
Cheque No. 413018 Dated First day of May Twenty Twenty Two (01.05.2022) for
Rupees Five Lakh only (Rs. 5,00,000/-) drawn on Second day of May Twenty Twenty
Two (02.05.2022). The said cheque was issued from Account No. 12345678909
which is held in the name of the accused. That the present complaint is based on the
dishonor of the above said cheque which was issued in discharge of a lawful debt.
6. That at the time of handing over the above said cheque the accused had assured the
complainant that the said cheque will be honored/encashed on presentation. Taking
the above assurance/representation as true, the complainant had accepted the above
said cheque. That on the basis of the assurances given by the accused, the complainant
presented the above said cheque with its bankers namely State Bank of India,
Lakhisarai (02968) and was dishonored vide cheque return advice dated Third days of
May Twenty Twenty Two (03.05.2022) issued by the complainants bank. The
aforesaid cheque was returned unpaid vide returning memo dated Third days of May
Twenty Twenty Two (03.05.2022) with the remarks "FUNDS INSUFFICIENT".
7. That the dishonor of the cheque clearly shows and establishes that the accused did not
intend to honor the amount under the said cheque.
8. That on account of the dishonor of the said cheque, the complainant had served a legal
notice dated Fifth day of May Twenty Twenty Two (05.05.2022) upon the Accused
by way of Registered Post vide Receipt No. XYZ0012SD, dated Fifth day of May
Twenty Twenty Two (05.05.2022). However, despite service of notice, the accused
has not taken any steps to liquidate his liability and has failed to make balance
payments to the complainant towards the amount covered under the said cheque,
within the statutory period of 15 days or thereafter. Thus, the Accused has, therefore
committed an offence within the meaning of Section 138 and other sections of the
amended provisions of the Negotiable Instruments Act, 1881, for which he is liable to
be prosecuted and punished.
That the accused have failed to make payment against the said cheque which has been
done by them with malafide intention, intentionally and deliberately and knowingly.
That at the time of issuing the said cheques the accused were fully aware that the said
cheques will not be honored on presentation. Therefore, the accused has dishonestly
induced the complainant to advance a sum of Rupees Five Lakh only (Rs.5,00,000/-)
fully knowing that he cannot repay the said amount to the complainant.

9. That the accused is guilty offence under Section 138, Negotiable Instruments Act and
is also liable to be prosecuted under Section 420 of the Indian Penal Code.
10. That in view of the facts and circumstances, the complainant has a cause of action and
right to file the present complaint. The cause of actions has arisen in favour of the
complainant when, on the expiry of the notice period, the Accused has not come
forward to pay the amount relating to the dishonored cheques. The cause of action is
still subsisting and continuing in nature.
11. That the cause of action has arisen at Lakhisarai, Bihar- 811311 as the cheques was
issued at Lakhisarai, and the same was payable Lakhisarai and was also dishonored at
Lakhisarai. Therefore this Hon'ble Court has jurisdiction to try and adjudicate upon
the present complaint.
12. That the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor- Third days of May Twenty Twenty Two (03.05.2022).

ii. Date of Notice- Fifth day of May Twenty Twenty Two (05.05.2022).

iii. Date of filing Complaint- First day of August Twenty Twenty Two (01.08.2022).

13. That a list of documents and list of witnesses are annexed with this complaint.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

1. Summon, prosecute and punish the Accused and also direct the accused to pay the
amount as double to the amount covered under the said dishonored cheques, under the
provisions of Section 138 read with Section 142 of the Negotiable Instruments
Act,1881 as amended by the Negotiable Instrument laws (Amended and
Miscellaneous Provisions) Act, 2002. In accordance with Section 357 of Code of
Criminal Procedure 1974, out of the penalty imposed, the Accused be ordered to
compensate the Complainant to the extent of Rupees Five Lakh only (Rs. 5,00,000/-)
and
2. Such other and further orders may be passed as may be deemed fit and proper by this
Hon'ble Court.
It is prayed accordingly.

PLACE: Lakhisarai, Bihar- 811311

DATED: First day of August Twenty Twenty Two (01.08.2022).

COMPLAINANT s/d

THROUGH :

ADVOCATES
Q6. By the Notification published in the Government gazette especially issued for the
purpose at 12 noon at 21st August 2019 the Government promulgated the conservation
of Foreign Exchange (Prohibition) orders and thereby declare smuggling illegal and
soon after it, the government arrested and detained A in Tihar prison alleging that he
deals in foreign goods. In these Circumstances he says that his arrest and detention
were illegal and requested you to draft necessary Writ petition.

WRIT OF HABEAS CORPUS

IN THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI

Writ Petition No. of 2022

‘A’, aged about 45 years, son of ‘Y’, Resident- Shalimar Bagh, PO- Hayderpur Badli More,
P.S- Shalimar Bagh, District- New Delhi, Delhi, 813992.

……………...Petitioner

Versus

1. The Superintendent, Tihar Jail, New Delhi


2. The State (Govt. of NCT of Delhi)
…………. Respondents

PETITION FOR THE ISSUE OF WRIT OF HABEAS CORPUS UNDER ARTICLE


32 OF THE CONSTITUTION OF INDIA

To,
The Hon’ble the Chief Justice and his companion Judges of the Court aforesaid. The humble
petition of the above-named Petitioner most respectfully sheweth

1. That the petitioner is a resident of Shalimar Bagh, PO- Hayderpur Badli More, P.S-
Shalimar Bagh, District- New Delhi, Delhi and he was living peacefully at his residence at
the place aforesaid.
2. That on 21.08.2019 Respondent No. 1 made an order under Section 3 of the Conservation
of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 by which he
directed that the Petitioner shall be arrested and detained for a period of three months. A
copy of the order is annexed herewith as Annexure ‘‘A’’.
3. That the Petitioner was arrested the same day and was detained in Tihar Jail. The grounds
of detention were not supplied to the petitioner on that day. The grounds were actually
supplied on 27.01.2022. A copy of the grounds supplied is annexed herewith as Annexure
‘‘B’’.
4. That on 23.09.2022. the Petitioner submitted a representation against his detention through
Respondent No. 2 but the same was considered by the Advisory Board after one month
and was rejected on 23.10.2022.
5. That the grounds of detention supplied to the Petitioner were in English which language
the Petitioner does not know.
6. That the orders of detention of the Petitioner are illegal, improper and without jurisdiction
on the following:
GROUNDS

1. Because the Conservation of Foreign Exchange and Prevention of Smuggling Activities


Act, 1974, is unconstitutional and void as it is beyond the legislative competence of
Parliament.
2. Because the order has been passed by an officer not duly authorized.
3. Because the grounds were supplied after undue delay.
4. Because the grounds are in English which language the Petitioner does not know and this
has prevented him from making an effective representation.
5. Because the grounds are irrelevant to the object of the Act.
6. Because the grounds are vague.
7. Because there was undue delay in the disposal of the representation submitted by the
petitioner.
Wherefore it is respectfully prayed that this Hon’ble Court may be pleased to issue a writ in
the nature of Habeas Corpus to the opposite parties quashing the order of detention and
directing that the Petitioner be set at liberty forthwith.

Date: 13.11.2022

Advocate for the Petitioner

Q7. Draft a Partnership deed for establishing a partnership firm for carrying out a
particular business.

PARTNERSHIP DEED

This deed of Partnership entered on this the 01st day of May 2022

BETWEEN

Mr. X, son of Mr. Y, aged 54 years, residing at Rajpur, SAHAR, Bhagalpur (hereinafter
referred to as the party of the first part).

AND

Mr. A, son of Mr. B, aged 51 years, residing at Villa No. 4, Palm Hill Villas, Pallimukku,
Kallayam P.O., Trivandrum - 695043 (hereinafter referred to as the party of the second part.)

WHEREAS the parties aforesaid are desirous of forming into a partnership for the purpose of
carrying on the business of letting on hire heavy equipment and transporting of goods and
materials.

AND WHEREAS in order to avoid any future differences and to have a better understanding
the parties hereto have agreed between themselves to reduce the terms of partnership into
writing by a formal instrument of partnership and thereby regulate and control relationship
between the partners.

NOW THEREFORE THIS DEED WITNESSETH AS UNDER The partnership shall


commence from the 1st day of May 2022 and shall be liable to be terminated at the will of the
partners.
The partnership shall carry on the business under the name and style ‘Trinity Heavy
Equipment and Transports’ and /or such other name or names as the parties to this deed may
mutually agree upon from time to time.

The main objects of the partnership shall be to carry on the business of owning, maintaining,
operating and letting on hire heavy equipment, crushing machines, cranes, bulldozers,
excavators, earth moving equipment, digging, drilling and dredging equipment, industrial and
other kinds of vehicles and transporting of goods, materials and equipment of all kinds.

The partners are at liberty to start any other business, as they think fit, from time to time.

The principal place of business of the firm shall be situated at Shop No. 236, Mukkola,
Nettayam, Vattiyoorkavu P.O., Trivandrum - 695013. The firm may carry on business from
any other place or places as may be desired by the partners from time to time.

The partners shall negotiate and enter into agreement with third parties for and on behalf of
the firm for taking on hire any premises for the conduct of this business.

The parties may by mutual consent open branches of the business at any place in India. The
initial capital of the firm shall be contributed by the partners as under.

1. Party of the First Part - Rs. 9, 00,000/-


2. Party of the Second Part - Rs.1, 00,000/-
-------------------------

TOTAL Rs. 10,00, 000

-------------------------

The partners may bring in additional capital in such proportion and on such terms as may be
mutually agreed upon by the partners from time to time and as per the business requirements.

The partners may provide loans to the business if required and the same shall carry interest at
the rate mutually agreed upon by the partners but at no time exceeding the prevailing bank
lending rates in force.

The profit or loss of the business shall be shared equally between the partners. Both the
partners shall carry on the day-to-day affairs of the business with mutual consent and utmost
co-operation and understanding.
Both the parties to this agreement shall take active part in devoting their best attention and
endeavour to promote the success of partnership. However, the Second Partner viz. Mr.
George Mathew shall be the Managing Partner of the firm and he will have general control
and management of the business and he shall do all such matters and things as are deemed
proper and expedient for the carrying on of the business. He shall be paid a monthly salary of
Rs.30,000/- (Rupees Thirty Thousand Only) for the financial year 2022-23 and for
subsequent years for the services to be rendered by him to the firm. The partners may by
mutual consent increase or decrease such salary from time to time.

The First Partner shall also take an active part and shall assist the Second Partner in carrying
on the business activities of the firm and she shall be paid a monthly salary of Rs.30,000/-
(Rupees Thirty Thousand Only) for the financial year 2022-23 and for subsequent years for
the services to be rendered by him to the firm. The partners may by mutual consent increase
or decrease such salary from time to time.

The remuneration paid to the partners by way of salary shall not in the aggregate exceed the
limits fixed for deduction under Section 40 of the Income Tax Act, 1961 or under any other
relevant Sections of the said Act. If the payment above fixed is found to be excessive such
excess shall be treated as drawings by the partners proportionately. However, if the
remuneration fixed is below the eligible remuneration for deduction under Section 40 of the
Income Tax Act, 1961 or under any other relevant Sections of the said Act, then additional
remuneration shall be paid to them in the same proportion as above if the partners mutually
discuss and decide to pay accordingly.

It is agreed by and between the partners here to that simple interest at 12% per annum or as
prescribed under Section 40(b) of the Income Tax Act, 1961, shall be payable by the
partnership on the amount standing to the credit of the capital accounts of the partners.

The partners shall open and maintain a Bank Account for and on behalf of the firm. Such
banking account shall be opened and operated by either party of the First Part or the party of
the Second Part or such other person as may be determined by the partners from time to time
by way of resolution passed to that effect.

The partners may borrow money for the purpose of business from Individuals, Banks, and
Corporations or from any other Institutions/Agencies with or without security and the
partners shall jointly bind the partnership by making and executing any document for pledge,
hypothecation or mortgage of the assets of the business and such other things as may be
necessary in connection therewith.

The Books of Accounts of the business shall be maintained properly and regularly and the
same shall be open for inspection or to be copied by any partner.

The Books of Accounts of the business shall be closed once in every year on the 31st day of
March and a statement of Assets and Liabilities as on that date and a Profit and Loss Account
for the year ending on that date be drawn up. The respective share of profits or losses as
reflected by profit and loss account shall be adjusted in the capital accounts of the partners.

The partners may by mutual consent, and according to the provisions of The Indian
Partnership Act, 1932, admit additional partners to the partnership.

If at any time any partner desires to retire from the partnership, he may do so by giving 6
months’ notice in writing to the other partners. The partner so retiring shall be entitled to
receive from the assets of the firm any amount standing to the credit of his/her capital/current
account as recorded in the books of accounts of the firm as increased/reduced by the
profit/loss up to the date of his retirement together with the share of goodwill which shall be
computed using a suitable method as may be mutually agreed upon by the partners. The
amount due to the retiring partner shall be paid within a period of three months form the date
of retirement.

The firm shall not stand dissolved upon the death, retirement or insolvency of any partner but
shall continue with the admission of legal heirs of the deceased/retired/insolvent partner or
with the admission of any other partner or partners; but upon dissolution and in other cases, it
shall be wound-up and the assets and liabilities shall be dealt with in accordance with the
provisions of the Indian Partnership Act, 1932.

In the case of death/insolvency of any of the partners, the legal heirs shall be eligible for the
payment of proportionate share of the deceased partner together with share of goodwill
computed by adopting suitable method as may be mutually agreed upon by the partners.

Any of the above terms may be altered, varied, amended or added to by mutual consent of the
partners and the same shall be done without executing any fresh deed of partnership. Any
such alteration, amendment or addition to this deed caused as per the resolution in writing
and duly signed by the partners shall be read as part of this deed and shall have the same
effect as if incorporated in this deed.

Disputes or differences arising out of or in connection with the business or interpretations of


this deed shall be referred to arbitration governed by the Indian Arbitration Act, 1940, or any
subsequent statutory modifications thereto.

Any matter not specifically dealt with in this deed shall be determined in accordance with the
provisions of the Indian Partnership Act 1932.

IN WITNESS WHEREOF the parties hereto have set their respective hands to this deed
before the attesting witnesses at Trivandrum on this the day, month and year first set out
above.

(Party of the First Part)

(Party of the Second Part)

In the presence of witness

1. Name: A

Address: X

2. Name: B

Address: Y
Q8. Draft a dissolution of Partnership deed for dissolution of partnership firm.

DEED OF DISSOLUTION OF PARTNERSHIP FIRM

(To be executed on Rs. 10/- Non-Judicial Stamp Paper)

THIS DEED OF DISSOLUTION OF PARTNERSHIP made in Varanasi, Uttar Pradesh on


1st Day of May 2021 between Mr. AB and Mr.CD.

WHEREAS the partners hereto under a deed of partnership dated 1st May 2021 made between
them formed themselves into a business firm and carried on business under the name and
style ‘Trinity Heavy Equipment and Transports’ of in pursuant to the covenants, stipulations
and provision contained in the said deed;

AND WHEREAS it has been mutually decided between the parties that the said partnership
shall be dissolved, and the said trade and business shall be wound up and the stock-in-trade,
assets and credits realized and called in, and the net proceeds after payment and satisfaction
of all debts and liabilities divided between the partners according to the covenants in this
behalf appearing in the deed of partnership.

NOW THIS DEED WITNESSES that in pursuance of the said agreement it is hereby
declared and agreed by and between the parties hereto as follows, that is to say:
1. The said partnership between the partners hereto under the deed, dated 1st day of May
2021 hereunto appended shall be determined and stand dissolved as from the 5th day
of Nov 2022. And the parties hereto singly or jointly shall not carry on the business of
the said firm of ‘Trinity Heavy Equipment and Transports’ under the said name and
style for a period of 20 years hence.
2. The parties hereto shall on the aforesaid date of 5th Nov 2022 sign notices of the
dissolution and forthwith advertise in the local Official Gazette the fact of dissolution
as required by Section 45 of the Indian Partnership Act and shall also intimate the fact
of dissolution to the Registrar of Firms under the provision of Section 63 of the said
Act.
3. Within 30 days after the dissolution of the partnership a full and general account and
balance sheet shall be taken and made of the property, assets and liabilities of the
partnership; and a full and particular inventory and valuation of all the machinery,
plants, tools, utensils, stock in hand, office equipment, materials and effects belonging
to the firm shall be made by the parties or such other person as the partners may
choose to appoint, whose decision shall be final and binding upon the partners, and all
debts owing to the firm shall be collected and got in by the parties or such other
persons as the parties may by instrument in his behalf appoint.
4. That as soon as may be, after the property, assets and liabilities have been got in and
disbursed the parties or such other person or persons whom the parties may have
appointed under the foregoing clause shall divide and apportion the share of the
parties, in the proportion of the contribution of the parties towards the capital. In such
division any amounts paid earlier or due to the parties according to the books of the
partnership shall be considered. That the cost of liquidation proceedings shall also be
deemed to be a liability of the partnership and paid from the funds of the partnership.
5. That in case the winding up shows a loss or the assets of the partnership are
insufficient to meet the liabilities and debts of the partnership then the partners shall
forthwith pay such losses in the proportion of their contribution to the capital.
6. Each of the parties shall, so soon as the others or any of them, or their or his
representatives, shall have executed and done all the assurances, acts or things hereby
agreed to be done by them respectively and at the request and cost of such other or
others, or their or his representatives execute to them or him such releases,
indemnifies, and assurances as may be reasonable and proper;
IN WITNESS WHEREOF the said AB and CD have hereto signed and executed this
agreement of dissolution and appended it to the said deed of partners, dated 5th day of Nov
2022.

WITNESSES:

1. Name: A

Address: X

2. Name: B

Address: Y

Q9. Draft Mortgage deed for borrowing certain amount and giving in consideration to
it an immoveable property as security for the same.

MORTGAGE DEED

FACTS

Draft a Mortgage deed for borrowing certain amount and giving in consideration to it an
immoveable property as security for the same.

This Deed of Mortgage is made and executed at Lakhisarai, Bihar- 811311 on Tenth day of
November Twenty Twenty Two (10.11.2022).

BETWEEN

Prahalad Kumar, son of Vinod Kumar, Age - 30 Years, Occupation- Farmer, resident of
Lakhisarai, District- Lakhisarai, State- Bihar (811311) hereinafter called as a mortgagor of
the ONE PART.

AND
Brajesh Kumar, son of Subodh Kumar, Age- 28 Years, Occupation- Self Employed, resident
of Lakhisarai, District - Lakhisarai, State- Bihar (811311) hereinafter called as a mortgagee
of the OTHER PART.

WHEREAS, the mortgagor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to vaccant residential plot (600 Sq. feet) bearing municipal no. H/50
situated on West Karyanand Nagar Road, Near D.A.V School, Lakhisarai- 811311 more
particularly described in the Schedule written and the house is free from all encumbrances
whatsoever:

AND WHEREAS, the mortgagor has requested the mortgagee to lend him a sum of Rupees
Two Lakh only (2,00,000/-) for his only daughter's higher education which the mortgagee has
agreed on the mortgagor mortgaging his property.

NOW THEREFORE THIS DEED WITNESSTH as follows:

1. That in pursuance of the said agreement and in consideration of the said advance
made by the said Mortgagee to the said Mortgagor (the receipt whereof the said
Mortgagor hereby acknowledges), the said Mortgagor hereby conveys, and assign by
way of Mortgage that is specifically described in the schedule hereto annexed to hold
unto and to the use of the said Mortgagee from this day and the said Mortgagee is to
be in possession of the property hereby demised;
2. The Mortgagor admits and acknowledges that he owes a sum of Rs.2,00,000/- to the
Mortgagee on the basis of mortgage in dated Tenth day of November Twenty Twenty
Two (10.11.2022) executed by him in favour of the Mortgagee. The Mortgagor shall
be liable to pay interest on the above stated principal sum of Rs. 2,00,000/- @Rs. 12/-
percent per annum form the date of the loan until payment and in this manner the total
charge of the referred property of the Mortgagor shall be the principal sum of
Rs.2,00,000/- and interest accruing thereupon.
3. The Mortgagor will pay to the Mortgagee the said sum of Rs.2,00,00/- in equal
monthly instalment of Rs.2000/- per month on or before the 31st December, 2025 and
in the meantime interest thereon or on such thereof as shall for the time being remain
unpaid, at the rate of 12% percent per annum by half yearly payments on the 30th day
of June and the 31st day of December in each year.
4. That any interest not paid on the due dates shall be treated as principal and added to
the principal sum herby secured and bear interest at the rate and payable on the half
yearly days aforesaid.
5. In consideration of the aforesaid, the Mortgagor hereby transfer by way of simple
mortgage to the Mortgagee, a vacant residential plot bearing Municipal No. H/50,
West Karyanand Nagar Road, Near D.A.V School, Lakhisarai- 811311.
6. By this deed, the Mortgagor also mortgages to the Mortgagee any building and all
other permanent structures that shall be built on the aforesaid vacant plot by the
Mortgagor.
7. The Mortgagor hereby covenants with the Mortgagee as follows:
i. That the said premises are free from all encumbrances and the Mortgagor
undertakes that until the entire principal amount and interest, if any due, is not
paid back to the Mortgagee, the Mortgagor shall not create any fresh
mortgage, charge, pledge, or in any other manner, alienate the corpus or his
interest in the aforesaid property to any third person.
ii. If the Mortgagor fails to pay the sum with interest after it has become payable
under the provisions of this deed, the Mortgagee shall, in addition to any other
remedy available to him under the law, have the power to sell without the
intervention of a Court the mortgaged property or any part thereof for the
realization of the money due to it hereunder.
iii. During the continuance of the Mortgage, the Mortgagor shall keep any
building or permanent structure erected on the aforesaid plot of land insured
against damage by fire in the name of the Mortgagor with an Insurance
Company and shall punctually pay all premium on such insurance and shall
produce to the Mortgagee on demand, the policy of such insurance and the
receipt for the premium so paid.

PROVIDED ALWAYS that the expression mortgagor and mortgagee herein before used
shall mean and include their respective heirs, legal representatives, executors, administrators
and assignees. If the Mortgagor shall make default in any of the above matters, the
Mortgagee may, in its discretion, insure and keep insured all or any of the said building and
permanent structures to the amount aforesaid and that the expenses of doing shall be repaid to
it by the Mortgagor on demand, and until so paid shall be added to the principal money
hereby secured and bear interest accordingly and be secured in the like manner as the said
principal.

IN WITNESS WHEREOF TOGETHER the parties have signed and put their hands the day
and year first hereunder written.

WITNESSES:

1. Aman Kumar, s/o- Suraj Kumar, Lakhisarai, Bihar- 811311

2. Akash Kumar, s/o- Sanni Kumar, Lakhisarai, Bihar-811311

SCHEDULE OF THE PROPERTY

All the piece and parcel of a vacant residential plot bearing Municipal No. H/50, West
Karyanand Nagar Road, Near D.A.V School, Lakhisarai- 811311.

Khata No. 455 Khasra No. 17, Area- 2 (Two) Decimal.

Bounded by: -

On the East: H/49

On the West: H/51

On the North: Sri Ram Play School.

On the South: F/29


Prahlad Kumar Brajesh Kumar

xxxx, 10.11.2022 yyyyy/ 10.11.2022

Mortgagor Mortgagee

Q10. A and B are owners of adjacent house. A’s house is higher than that of ‘B’
Through a window in a room on the upper Storey first floor on his house. ‘A’ has
enjoyed without interruption, light and air for 30 years peaceable as an easement. B’
start to raise his house. A’ apprehends that Light and air enjoyed by him through the
window will be cut off if ‘B’ allowed to raise his house.

‘A’ files a suit against ‘B’ Claiming a right of easement of light and air through the
window and an injunction restraining be from raging his house odd interfering with his
right to light and hear in any other manner. A’ wants to apply for interim injunction
against B’. Draft the necessary application on behalf of ‘A’.

APPLICATION FOR TEMPORARY INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE DISTRICT, DELHI

IA NO. ___________OF 2022

IN
SUIT NO. ___________OF 2022

IN THE MATTER OF:

S/o Om Veer Singh, R/o Dwarka Mor, near metro station, New Delhi.

… PLAINTIFF/APPLICANT

Versus

S/o Dr. U. Basu, R/o Dwarka Mor, near metro station, New Delhi.

…. DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER

XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF

CIVIL PROCEDURE, 1908

MOST RESPECTFULLY SHOWETH:

1. That, the applicant and the defendant are the owners of adjacent house in the Dwarka Mor,
near metro station, New Delhi.

2. That, the applicant house is higher than that of the defendant.

3. That, the applicant have a window in a room on the upper storey of the floor of the house
and has enjoyed without interruption light and air for almost 30 years.

4. That, the defendant has started to raise his house and apprehended the applicant to shut the
window which is used by the applicant to accesses light and air for so long.

5. That, defendant also threatens to cut off his supply line of electricity which also comes
above his house.

6. That, applicant has already filed a suit against the defendant claiming the right of easement
of light and air through the window.
7. That, applicant is filling an urgent interim application before this Hon’ble court to restrain
the defendant from raising his house and interfering with his right of light and air in any
manner.

RELIF CLAIMED:

It is, therefore most respectfully prayed that this Hon’be Court may be pleased to:-

1. Pass ex-parte ad interim injunction restraining the defendant, their associates, servants,
agents and their representatives from raising his house and restrain the applicant from
enjoying his right of light and air.

2. Pass such other and further order(s) as may be deemed fit and proper on the facts and in the
circumstances of this case.

Place:___________ Applicant

Date:____________

Through Counsel

__________________________

VERIFICATION

I, Mr. A the above mentioned applicant, do hereby verify that the contents of Para 1 to 7 are
true and correct to the best of my knowledge. I am verifying this on the eleventh day of
November 2022 at Delhi.
APPLICANT
Place:-______________
Date:-_______________

APPLICATION FOR TEMPORARY INJUNCTION

IN THE COURT OF SENIOR CIVIL JUDGE DISTRICT, DELHI

IA NO. ___________OF 2022


IN

SUIT NO. ___________OF 2022

IN THE MATTER OF:

S/o Om Veer Singh, R/o Dwarka Mor, near metro station, New Delhi.

… PLAINTIFF/APPLICANT

Versus

S/o Dr. U. Basu, R/o Dwarka Mor, near metro station, New Delhi.

…. DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER

XXXIX, RULE 1 & 2 READ WITH SECTION 151 OF THE CODE OF

CIVIL PROCEDURE, 1908

AFFIDAVIT of A, Om Veer Singh, R/o Dwarka Mor, near metro station, New Delhi.
I, A, the applicant hereinabove do hereby solemly affirm and state hereunder:

1. I say that the accompanying application has been drafted and filed by my counsel
upon my instructions and contents of the same are true and correct.
2. I say that documents filed along with application are true copies of originals.
3. I am duly authorized and competent to swear and file the present suit and affidavit.

DEPONENT
Q11. A has filed a suit against B to recover Rs. 5000/ due on a promissory in the court of
senior civil judge at Hyderabad. Due to sudden dislocation of railway service B failed to
attend the Court at the time of hearing and decree is passed against him. Mr. B briefs
you to make an application to the court for setting aside ex-parte decree. Draft an
Application for the Same.

IN THE COURT OF SENIOR CIVIL JUDGE AT HYDERABAD

SUIT No._______of 2022

S/o Ramaiah aged 45 years, Hindu business residing at D. No. 247, Netaji Road, near
Sangam tent House, Hyderabad …..
APPLICANT

Versus
A

S/o Ram Sri Gopal aged 49 years, residing at D. No. 248, Netaji Road, near Sangam tent
House, Hyderabad.
….PLAINTIFF

APPLICATION UNDER ORDER IX RULE 13 OF THE CODE OF CIVIL


PROCEDURE, 1908 FOR SETTING ASIDE EX-PARTE DECREE DATED 15TH
OCTOBER OF 2022

MOST RESPECTFULLY SHOWEWITH

B as above mentioned applicant states as follows:

1. THAT, the above titled suit was filed by the plaintiff in the Hon’ble Court for the recovery
of Rs. 5000/- (Rupees Five Thousand only) which was due on a Promissory Note attached in
ANNEXURE A of the plaint.

2. THAT, this Hon’ble was all set to hear that matter on Fifteenth day of October, 2022.

3. THAT, this Hon’ble court passed an ex-parte decree on 15th day of October, 2022 against
the applicant/defendant.

4. THAT, the applicant could not appear before this Hon’ble Court because of sudden
dislocation of the Railway Service. The official notification released by the railway regarding
this unfortunate accident has been attached in ANNEXURE B of this application.

5. THAT, it is therefore, most respectfully prayed that keeping in view above detailed
circumstances, in order to enable the applicant to contest the suit and present his defence,
present application may kindly be accepted and the ex-parte decree dated 15th October, 2022
may please be set aside in the interest of justice.

Place:___________ Applicant
Date:____________

Through Counsel

__________________________

VERIFICATION

I, Mr. B the above mentioned applicant, do hereby verify that the contents of Para 1 to 5 are
true and correct to the best of my knowledge. I am verifying g this on the eleventh day of
November 2022 at Hyderabad.
APPLICANT
Place:-______________
Date:-_______________

ANNEXURES ATTACHED

IN THE COURT OF SENIOR CIVIL JUDGE AT HYDERABAD

SUIT No._______of 2022

S/o Ramaiah aged 45 years, Hindu business residing at D. No. 247, Netaji Road, near
Sangam tent House, Hyderabad …..
APPLICANT

Versus

A
S/o Ram Sri Gopal aged 49 years, residing at D. No. 248, Netaji Road, near Sangam tent
House, Hyderabad.
….PLAINTIFF

APPLICATION UNDER ORDER IX RULE 13 OF THE CODE OF CIVIL


PROCEDURE, 1908 FOR SETTING ASIDE EX-PARTE DECREE DATED
FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO.

AFFIDAVIT of B, S/o Ramaiah aged 45 years, Hindu business residing at D. No. 247, Netaji
Road, near Sangam tent House, Hyderabad
I, B, the applicant hereinabove do hereby solemnly affirm and state hereunder:

1. I say that the accompanying application has been drafted and filed by my counsel
upon my instructions and contents of the same are true and correct.
2. I say that documents filed along with application are true copies of originals.
3. I am duly authorized and competent to swear and file the present suit and affidavit.

DEPONENT

VERIFICATION
I, Mr. B the above mentioned applicant, do hereby verify that the contents of Para 1 to 5 are
true and correct to the best of my knowledge. I am verifying g this on the eleventh day of
November 2022 at Hyderabad.

APPLICANT
Place:-______________
Date:-_______________
Q12. B having an acquaintance with the A approached him and requested to advance a
hand loan of Rs. 25,000/ (Twenty Five Thousand rupees only) to meet his son’s
education needs. B also proposed to execute a promissory note for the said amount and
with a simple interest at 18% per annum. Due to that acquaintance A agreed for the
same and thus, B borrowed sum of Rs. 25,000/ as a hand loan on 1 st January, 2020 from
A at A’s residence which is situated in Patna and executed a promissory note for the
said amount in favour of A and promised to repay the said hand loan within a period of
2 years from the date of execution of promissory note. It is submitted that inspite of
repeated oral demands made by A, B didn’t bother to repay the said hand loan amount.
A having vexed with the Conduct of B avoiding the repayment, got issued a legal notice
to B on 1st January 2022. B received the same but didn’t reply.

Draft a plaint for repayment of the said amount by B with interest on the suit by B with
interest on the suit amount from the date of demand that is 1 st January 2022 till
realization at the interest rate of 18% per annum.

IN THE COURT OF CIVIL JUDGE AT PATNA


SUIT No.________of 2022
A
XYZ Colony, Boring Road, Patna …….PLAINTIFF
Versus
B
XYZ Colony, Boring Road, Patna …….DEFENDANT
SUIT FOR THE REPAYMENT OF THE MONEY LENT FILED UNDER SECTION
26, READWITH ORDER VII, RULE 1 OF CODE OF CIVIL PROCEDURE, 1908
MOST RESPECTFULLY SHOWWITH
A, the above named plaintiff states as follows:
1. THAT, on 1st January, 2019, defendant approached the plaintiff and requested a hand loan of
Rs.- 25000/- (Rupees Twenty Five Thousand Rupees Only).
2. THAT, defendant need to meet his son’s education expenses.
3. THAT, defendant also executed a Promissory Note for the loaned amount with a simple
interest at the rate of 18% per annum. The Copy of that Promissory Note is attached in the
ANNEXURE A.
4. THAT, defendant promised to repay the hand loan amount within two years from the date of
execution of Promissory Note.
5. THAT, defendant in spite of repeated oral demands by plaintiff need not bother to repay the
hand loan.
6. THAT, plaintiff also issued a legal notice for the repayment of the loan amount on 1 st January
2022, but defendant always avoid to repay the amount.
7. THAT, the value of the of hand loan is within the pecuniary limit of this hon’ble court and
court has the competent jurisdiction to take this matter as both the plaintiff and the defendant
reside within the territorial limits of this hon’ble court.
8. THAT, the plaintiff values the suit for the purpose of court fee and jurisdiction and pay the
necessary court fee of Rs.- 1789/- (Rupees one thousand seven hundred eighty nine Rupees
Only) under Section 20 of Bihar Court Fee and Suits Valuation Act, 1989.
RELIEFS CLAIMED
It is therefore prayed that the honourable court may be pleased to grant any of the reliefs to
the plaintiff: -
1. Directing the defendant to repay the hand loan amount of Rs.- 25000/- with the interest rate
of 18% per annum from the date of demand i.e., 1st of January 2022 till the date of realization.
2. Awarding the plaintiff the cost of this suit and
3. Passing such further order as the honourable court may deem fit and proper in the
circumstance of the case.
Place: - ___________ Sd- Sd-
Counsel Plaintiff
Date: - ___________
VERIFICATION
I, Mr. A the above mentioned plaintiff, do hereby verify that the contents of Para 1 to 8 are
true and correct to the best of my knowledge. I am verifying g this on the twenty fifth day of
October 2022 at Patna.
PLAINTIFF
Place:-______________
Date:-_______________

ANNEXURES ATTACHED

IN THE COURT OF CIVIL JUDGE AT PATNA


SUIT No.________of 2022
A
XYZ Colony, Boring Road, Patna …….PLAINTIFF
Versus
B
XYZ Colony, Boring Road, Patna …….DEFENDANT
SUIT FOR THE REPAYMENT OF THE MONEY LENT FILED UNDER SECTION
26, READWITH ORDER VII, RULE 1 OF CODE OF CIVIL PROCEDURE, 1908
AFFIDAVIT OF Mr. A, S/O C, AGED ABOUT 30 years R/O XYZ Colony, Boring Road,
Patna.
I, A, the deponent hereinabove do hereby solemly affirm and state hereunder:

4. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.
5. I say that documents filed along with plaint are true copies of originals.
6. I am duly authorized and competent to swear and file the present suit and affidavit.

DEPONENT

VERIFICATION
I, A, do hereby verify on this 27th day of October, 2022 at Patna that the contents of the above
said affidavit are true and correct to my knowledge and information and nothing material has
been concealed thereform.
DEPONENT

Q13. Draft a Written Statement in response to the plaint which has been filed in this
case.

IN THE COURT OF CIVIL JUDGE AT DANAPUR, PATNA

SUIT No.________of 2022


A
XYZ Colony, Boring Road, Patna …….PLAINTIFF
Versus
B
XYZ Colony, Boring Road, Patna …….DEFENDANT

WRITTEN STATEMENT ON BEHALF OF DEFENDANT FILLED UNDER ORDER


VIII, RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908.

MOST RESOECTFULLY SHOWETH:

1. THAT, on 1st January, 2019, defendant approached the plaintiff and requested a hand loan
of Rs- 25000/- (Rupees Twenty Five Thousand Rupees Only).

2. THAT, defendant was in the desperate need of money to meet his son’s education
expenses.

3. THAT, defendant acknowledges about a Promissory Note for the loaned amount with a
simple interest at the rate of 18% per annum as attached in ANNEXURE A of the Plaint
filled by the plaintiff.

4. THAT, defendant is not in a good financial position to repay the loan amount.

5. THAT, defendant replied the legal notice issued on behalf of plaintiff for the repayment of
the said loan amount. Defendant assures the plaintiff about the tentative dates to repay the
loan amount. The reply filled by defendant is attached here in ANNEXURE B.

6. THAT, plaintiff is creating unnecessary trouble to defendant by sending goons at the


residence of defendant.

7. THAT, defendant denies the allegation about evading plaintiff from repaying the loaned
amount. Only thing that defendant is asking from this Hon’ble court is some time.

8. THAT, there is absolutely no cause of action in favour of the Plaintiff and against the
Defendant. The suit is therefore liable to be rejected on above mentioned ground.

ON MERITS:

Without prejudice to the preliminary objections stated above, the reply on merits, which is
without prejudice to one another, is as under-
1. That para 1 of the plaint is correct and is admitted.

2. That the contents of para 2 is correct and is admitted.

3. That the contents of para 3 is correct and admitted.

4. That the contents of para 4 is true to the best of my knowledge and fully admitted the
whole responsibility to repay the loaned amount at the rate of 18% per annum.

5. That para 5 is not admitted as defendant expressly said to plaintiff to repay the loan amount
and the tentative date for the repayment.

6. That with respect to para 6 of the plaint is not truly correct and is not admitted as defendant
has replied the legal notice of the plaintiff.

7. That para 7 and 8 are correct and defendant admitted.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble court may be pleased to:

1. Dismiss the suit of the plaintiff.

2. Award cost to the defendant.

3. Pass any other just and equitable order as deemed fit in the interest of justice.

Place: - ___________ Sd- Sd-


Counsel Defendant
Date: - ___________

VERIFICATION
I, Mr. B the above mentioned defendant, do hereby verify that the contents of Para 1 to 8 are
true and correct to the best of my knowledge. I am verifying g this on the twenty eleventh day
of October 2022 at Patna.
DEFENDANT
Place:-______________
Date:-_______________

ANNEXURES ATTACHED

IN THE COURT OF CIVIL JUDGE AT DANAPUR, PATNA


SUIT No.________of 2022
A
XYZ Colony, Boring Road, Patna …….PLAINTIFF
Versus
B
XYZ Colony, Boring Road, Patna …….DEFENDANT
WRITTEN STATEMENT ON BEHALF OF DEFENDANT FILLED UNDER ORDER
VIII, RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908.

AFFIDAVIT OF Mr. B, S/O C, AGED ABOUT 30 years R/O XYZ Colony, Boring Road,
Patna.
I, B, the deponent hereinabove do hereby solemly affirm and state hereunder:

1. I say that the accompanying Suit has been drafted and filed by my counsel upon my
instructions and contents of the same are true and correct.
2. I say that documents filed along with plaint are true copies of originals.
3. I am duly authorized and competent to swear and file the present suit and affidavit.
DEPONENT

VERIFICATION
I, B, do hereby verify on this 27th day of October, 2022 at Patna that the contents of the above
said affidavit are true and correct to my knowledge and information and nothing material has
been concealed thereform.
DEPONENT

Q14. Draft an affidavit of Anti Ragging.

AFFIDAVIT BY THE STUDENT ON ANTI-RAGGING

1.) I, Kumar Pritam S/o Late Balmiki Prasad having been admitted to Central University of
South Bihar, Gaya, have received a copy of the UGC Regulations on Curbing the Menace of
Ragging in Higher Educational Institutions, 2009, (hereinafter called the “Regulations”),
carefully read and fully understood the provisions contained in the said Regulations.
2). I have, in particular, perused clause 3 of the Regulations and am aware as to what
constitutes ragging.

3). I have also, in particular, perused clause 7 and clause 9.1 of the Regulations and am fully
aware of the penal and administrative action that is liable to be taken against me in case. I am
found guilty of or abetting ragging, actively or passively, or being part of a conspiracy to
promote ragging.

4). I hereby solemnly aver and undertake that

a) I will not indulge in any behaviour or act that may be constituted as ragging under clause 3
of the Regulations.

b) I will not participate in or abet or propagate through any act of commission or omission
that may be constituted as ragging under clause 3 of the Regulations.

5). I hereby affirm that, if found guilty of ragging, I am liable for punishment according to
clause 9.1 of the Regulations, without prejudice to any other criminal action that may be
taken against me under any penal law or any law for the time being in force.

6). I hereby declare that I have not been expelled or debarred from admission in any
institution in the country on account of being found quality of, abetting or being part of a
conspiracy to promote, ragging; and further affirm that, in case the declaration is found to be
untrue, I am aware that my admission is liable to be cancelled.

Declared this 27th day of October of 2022

Signature of deponent

Name:

VERIFICATION

Verified that the contents of this affidavit are true to the best of my knowledge and no part of
the affidavit is false and nothing has been concealed of misstated therein.

Verified Patna, Bihar (India) at on this the 27th Day of October 2022

Signature of deponents

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