DRAFTING,PLEADING AND CONVEYANCING NOTES

Registration Act- S.17 and 18(NOTES)

 Section 17 deals with documents of which registration is compulsory.

 Section 18 of Registration Act pertains to documents of which registration is optional. Word

‘may’ is used in textual of section 18.

The Registration Act, 1908 serves the purpose of proper recording and registration of
documents/instruments, which give them more authenticity. Registration means recording of the contents
of a document with a Registering Officer and preservation of copies of original document. Documents are
registered for the purpose of conservation of evidence, assurance of title, publicity of documents and
prevention of fraud.

Registration of Document :

The documents registrable under the Act fall under three categories.
In the first category, documents relating to transactions which according to the substantive law, can be
affected only by registered documents. In order for a transaction to be valid must be effected by a
registered instrument only. What it provides is that when there is a written instrument evidencing a
transaction, it must, in certain cases, be registered. Under section 17 of the Registration Act, the
compulsorily registrable documents are given.

In the second category, certain transactions can be effected without writing, i.e. partitions, releases,
settlements etc. But, if the transaction is evidenced by a writing and relates to immovable property, the
Registration Act steps in and clauses (b) and (c) of Section 17(1) of said Act require registration of such
documents, subject to the exception specified in sub-section 2 of that section. If an authority to adopt is
conferred in writing, other than a Will, it is also required to be registered vide section 17(3).

In the third category, it is open to the parties, if they so choose, to get certain documents registered at
their option and this is permitted by section 18. ‘Will’ need not be registered but it is open to the parties to
get it registered under the third category.

Under the Registration Act, the following documents are compulsorily registrable.
1. Instruments of gift of immovable property.
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2. Other non-testamentary instruments which purport or operate to create, declare, assign, limit or
extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the
value of one hundred rupees and upwards, to or in immovable property.
3. Non-testamentary instruments which acknowledge the receipt or payment of any
consideration on account of the creation, declaration, assignment, limitation or extinction of any such
right, title or interest.
4. Leases of immovable property from year to year, or for any term exceeding one year, or
reserving a yearly rent.
5. Non-testamentary instruments transferring or assigning any decree or order of a Court or any
award when such decree or order or award purports or operates to create, declare, assign, limit or
extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the
value of one hundred rupees and upwards, to or in immovable property.

Limitation for registration of a document:

Limitation for registration of a document under Section 23 of the Act, subject to certain exceptions, any
document other than a Will has to be presented for registration within four months from the date
of its execution.
The term ‘execution’ means signing of the agreement.

Section 17 deals with documents of which registration is compulsory.

Whereas, sub-Section (2) of section 17 provides a dozen of exceptions to clause (b) and (c) of section
17(1).

The Registration Act strikes only at documents, and not at transactions. All that it enacts is that
when a document is employed to effectuate any of the transaction specified in s.17 of the
Registration Act, such document must be registered.

Important Provisions of Limitation Act:

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It is for general welfare that a period be put on litigation. Further, it is a general principle of law that law is made to
protect only diligent and vigilant people. Equity aids the vigilant and not the indolent. Law will not protect people who
are careless about their rights. (Vigilantibus non domientibus jur A subventiunt). Moreover, there should be certainty
in law and matters cannot be kept in suspense indefinably. It is, therefore, provided that Courts of Law cannot be
approached beyond fixed period. In civil matters, the limit is provided in Limitation Act, 1963. 

Bar Of Limitation : 
Subject to provisions of sections 4 to 24 of the Act (i.e. Limitation Act),every suit instituted, appeal preferred and
application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.

[section 3(1)]: Period of limitation means the period of limitation prescribed for any suit, appeal or
application by the schedule to the Act and prescribed period means the period of limitation computed as per
provisions of the Act. [section 2(j)]. 
 
Period As  Prescribed In Schedule To The Act:
The period has been prescribed in Schedule to the Act. Generally, it is as follows :

(a) 3 years for a suit relating to accounts, contracts, declarations, decrees, suits relating to movable property,
recovery of law suit under a contract etc.

(b) 12 years for suits relating to possession of immovable property and 30 years for mortgaged property

(c) One year for suit relating to torts (3 years for compensation in certain cases

(d) 30 to 90 days in case of appeals under Civil Procedure Code and Criminal Procedure Code. Period of filing
appeal and application can be extended if proper cause is shown (but not the suit) [section 5]. 

If Court Is Closed On Last Day :

If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens.
[Section 4] 

Continuous Running Of Time : 

When once period of limitation starts running, it continues even if there is any subsequent disability or inability to
institute a suit or make an application. [section 9]. However, if at the time when person is entitled to file a suit or make
application, if a person was disabled (as he was minor or insane), the period of limitation will start after the disability is
removed. [Section 6(1)]
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In case of appeals against any judgment, if limitation is provided in any statute, that will prevail. 

Computation Of Period Of Limitation : 

(a) First day or day of judgment is to be excluded. [section 12(1)]
(b) Time for getting copy of judgment or decree or order or award (against which appeal or application has to be filed
is to be excluded. [Section 12(3)]
(c) Time when leave to sue or appeal as pauper is applied for and is pending [section 13] 
(d) Time spent (by mistake or misunderstanding) in proceeding bona fide in the Court without jurisdiction [Section
14]
(e) If stay or injunction was granted, that period will be excluded. [Section 15(1)]
(f) If consent/sanction of Government or some authority was required to be obtained for filing suit/application or notice
was required to be given to Government in accordance with law, the period spent in obtaining the consent/sanction or
time in giving notice is excluded. [Section 15(2)]

Effect Of Fraud Or Mistake : 

Period of limitation starts only after fraud or mistake is discovered by affected party. [section 17(1)].

In Vidarbha Veneer Industries Ltd. v. UOI - 1992 (58) ELT 435 (Bom HC) , it was held that limitation starts from the
date of knowledge of mistake of law. It may be even 100 years from date of payment.

The cardinal principal enshrined in section 17 of Limitation Act is that fraud nullifies everything. Thus, appeal against
the party can be admitted beyond limitation, if party has committed fraud (in submitting non-genuine documents at
adjudication in this case)– CC v. Candid Enterprises 2001(130) ELT 404 (SC 3 member bench).

Effect Of Acknowledgment In Writing :

If acknowledgment of any property is right or liability is obtained in writing duly signed by the party against whom such
property, right or liability is claimed, before the expiration of period of limitation, a fresh period of limitation is
computed from date of acknowledgment.
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[section 18(1)], Acknowledgment can be signed either personally or by an agent duty authorised in this behalf.
[That is why Banks and Financial Institutions insist on confirmation of balance every year].

Continuing Breaches And Torts : 

In case of continuous breaches and torts, a fresh period of limitation begins to run at every moment of time during
which the breach or tort continues. [section 22].
Limitation is a question of law and can be raised at any stage i.e. even at the time of appeal.

Law Of Limitation Only Bars Remedy, But Does Not Extinguish The Right :
In Bombay Dyeing and Mfg Co. Ltd. v. State of Bombay AIR 1958 SC 328 = 1958 SCR 1122 (SC Constitution
Bench), it was held that the law of limitation only bars the remedy of approaching the court of law. However, it does
not extinguish the right as such. Law of Limitation is applicable only to courts and not to tribunals. - Nityanand M
Joshi v. LIC - AIR 1970 SC 209 = (1970) 1 SCR 396 = 36 FJR 324 (SC) , Sakura v. Tanaji - AIR 1985 SC 1279 * Birla
Cement Works v. G M Western Railway (1995) 2 JT 59 (SC).

Limitation In Criminal Matters :

As per section 468 of Cr PC, Court cannot take cognizance of offence after expiry of following limitation period - (a)
Six months, if the offence is punishable only with fine (b) One year, if the offence is punishable with imprisonment for
a term not exceeding one year (c) three years, if the offence is punishable with imprisonment for a term not
exceeding three years. However, in case of economic offences, there is no time limit.

NOTES ON STAMP ACT:

Stamp Duty means the fee paid for certain legal documents, a sort of tax paid to the government
paid for by purchasing stamp paper.
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It is a tax payable on certain legal documents specified by statute;

The duty may be fixed or ad valorem meaning (Market Value and Guideline Value) that the tax
paid as a stamp duty may be a fixed amount or an amount which varies based on the value of the
products, services or property on which it is levied.It is essentially the tax paid on any transaction
based on exchange of documents or execution of instruments.

DOCUMENT VS INSTRUMENT:

A document is the record of the conditions agreed upon by the parties involved in a transaction
in a proper format. A document whose stamp duty has been paid or more simply, a stamped
document is considered an authentic and legal document. It gets evidentiary value and can be
admitted as evidence in Courts under the provisions of the Indian Stamp Act, 1899. The Indian
Stamp Act, 1899 is a fiscal statute dealing with tax on transaction.

¨Instrument is a document by which a right or liability is created, transferred, extended,

limited, extinguished or recorded.

CONSTITUTIONAL SCHEME:

The Constitution of India, in the lists provides for two kinds of stamp duties, one which would be
levied by the centre, and another which would be levied by the state.
¨List I- Entry 91 prescribes the list of stamp duties which would be levied by the Centre, these
include bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of
insurance, transfer of shares, debentures, proxies and receipts.
¨List II- Entry 63, prescribes for Rates of stamp duty in respect of documents other than those
specified in the provisions of List I with regard to rates of stamp duty.
¨List III- Entry 44, prescribes for Stamp duties other than duties or fees collected by means of
judicial stamps, but not including rates of stamp duty.

Hence the Stamp Act under schedule 1 of the Act provides for two categories of Stamp duties,
the first category, which would be governed by the Central Law,  and the second Category of
Duties which are governed by Individual State Acts setting the stamp Duties for each state.

TYPES OF STAMPS

Judicial Stamps and Non – Judicial Stamps: The stamps which are used in the administration
of judicial functions are called judicial stamps, and the stamps which are used for all kinds of
conveyance of properties are done on non – judicial stamps.

Under the Stamp Act, there are two kinds of stamps, Impressed stamp and Adhesive stamp,
these stamps are based on their appearance.
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Adhesive stamps are labels which can be conveniently stuck on the instruments and "Impressed
stamp" includes-
(a) labels affixed and impressed by the proper officer, and
(b) stamps embossed or engraved on stamped paper;

Adhesive stamps can be further categorised into two categories: postal and non-postal stamps.

Postal stamps are used only for transaction with the post office and related function whereas
Non-postal stamp can be a court fee stamp, revenue stamp, notarial stamp, special adhesive
stamp, foreign bill stamp, brokers’ note, insurance policy stamp or a share transfer stamp.

Adhesive stamps can be further categorised into two categories: postal and non-postal
stamps.
Postal stamps are used only for transaction with the post office and related function whereas

Non-postal stamp can be a court fee stamp, revenue stamp, notarial stamp, special adhesive
stamp, foreign bill stamp, brokers’ note, insurance policy stamp or a share transfer stamp.

BASED ON VALUE:

Fixed Duty Stamps and Ad Valorem Stamp duty:

¨Fixed stamp Duty: the stamp duty remains fixed no matter what value is mentioned in the
document or instrument. Examples of such instruments are Administration Bond, Affidavit,
Adoption Deed, Appointment in Execution of Power, Divorce, Apprenticeship Deed, Award,
Article of Clerkship, Cancellation Deed, Duplicate, Charter Party, Copy of Extracts, Indemnity
Bond, Power of Attorney, etc.

¨Stamp duty charges are dependent upon the value mentioned in the document. Such documents
are Mortgage Deed, Lease Agreement, Title Deeds, Security Bond, Hypothecation Deed, Article
of Association, etc.

¨Then there is a third category: The Stamp duty which depends either on the value mentioned in
the document or on the true market value, whichever is higher. Instruments like Conveyance,
Agreement for sale, Gift exchange, Partnership Deed, Development Agreement, Transfer of
Immovable Property, Trust Deed, Partition, and so on.

Which brings us to the Guideline Value or Market Value.

Government fixes certain values via guidelines for valuation of property, especially lands  and
Guideline value of a land is the estimated market value of a land as per Government records.
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Under ideal conditions, guideline value should truly reflect the market value. However, in most
cases, guideline value is lower than the market value.
Also, E stamping.

AMENDMENTS TO THE ACT IN 2019

The amendments propose to create the legal and institutional mechanism to enable states to
collect stamp duty on securities market instruments at one place by one agency (through the
Stock Exchanges or Clearing Corporations authorised by the stock exchange or by the
Depositories) on one Instrument. A mechanism for appropriately sharing the stamp duty with
relevant State Governments based on state of domicile of the buying client is also proposed.
¨The present system of collection of stamp duty on securities market transactions has led to
multiple rates for the same instrument, resulting in jurisdictional disputes and multiple
incidences of duty, thereby raising the transaction costs in the securities market and hurting
capital formation.

This has also given scope for rate shopping and evasion

¨Central Government, after due deliberations, in exercise of powers under Entry 91 of the List I
and Entry 44 of List III of the 7th Schedule of Indian Constitution, has decided to amend the
Indian Stamp Act, 1899 to create the legal and institutional mechanism to enable states to collect
stamp duty on securities market instruments at one place by one agency (through Stock
Exchanges or Clearing Corporations authorized by it or by the Depositories) on one Instrument
and develop a mechanism for appropriately sharing the stamp duty with relevant State
Governments.

CONVEYANCING
1. Power of attorney :

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that Jaya, D/o James Kumar, Hindu, aged 53 years and residing at Door 113, First Floor, Unit 330, Centennial
Park Centennial Avenue Elstree, Hertfordshire United Kingdom executed this Power of Attorney hereinafter called the GRANTOR, do hereby constitute,
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appoint and retain Mr. Bhanu Prasad, S/o Pratap Prasad, Hindu, aged 37 years old and residing at Plot No. 99-C, Tulsiwadi Lane, Mumbai, Maharashtra-
400034, as my true and lawful Attorney, hereinafter called the Attorney, to do all the following acts and all other acts incidental thereto
1. THAT I, the Grantor, is absolute owner of the properties comprised in the building named ‘Reliance Building’, Linking Road, Prabhat Colony,
Khar West, Mumbai, Maharashtra 400055, consisting of 2 Flats, each flat measuring an occupancy area of 1820 Sq. ft., more fully described in
the Schedule- I hereunder, he having acquired the same as the sole heir of his parents.
2. THAT the grantor in his a long-term resident of the United Kingdom and that she desires to grant the power to the attorney to lease out her
property for a total consideration equivalent to or more than Rs.25 lakhs and that she is also willing to do the same.
3. THAT the Attorney shall on and from execution of this deed shall be at liberty to contact any person who is interested to rent the property
mentioned in Schedule tender and shall also make all necessary steps to effectuate a valid lease agreement.
4. THAT the Attorney after such sale has been effectuated shall remit the entire proceedings out of the sale to the HSBC A/C No.
146564738289257 of the Grantor in HSBC Bank, Bandra Branch, Mumbai within 30 days of the registration of the lease agreement.
5. THAT the attorney shall after the sale has been effectuated send the original sale deed to the address of the Grantor.
6. THAT the attorney shall manage and dispose of all and any legal matters arising out, related and incidental to the lease agreement.
7. THAT the Grantor hereby agrees to ratify and confirm all the acts that may be done by the Attorney under his power as if the said acts having
been performed by the Grantor herself.
8. THAT the Grantor hereby reserves his right of revocation of the power granted to Attorney at any point of time for valid reasons including
misuse of the power granted to him.

IN WITNESS WHEREOF, the Grantor hereby sets his hand on this 27 th Day of April 2018
Witnesses:
(1) (Sd/-) Ram Kumar Singh
No 36, Mahatma Gandhi Road, Mumbai, Maharashtra, India.
(2) (Sd/-) Jonathan Hill
No 44, Green Hills, OPP HDFC Bank, Bandra, Mumbai, Maharashtra, India
(3) (Sd/-) Prince Preseley
No 44, DLF World City, Navi Mumbai, Mumbai, Maharashtra, India.

SCHEDULE-I
ALL THAT PIECE AND PARCEL OF LAND, consisting of a residential complex in the nature of flats comprised in ‘Reliance Building’, Linking Road,
Prabhat Colony, Khar West, Mumbai, Maharashtra 400055, consisting of 2 Flats, each flat measuring an occupancy area 1820 Sq. ft., all the structure in all
the flats made of RCC Roof with all Electrical Fittings, Water Fittings, Drainage Facilities and with a provision for Lift and bounded on-
North by: Hotel Srisagar
South by: Orion Mall
East by: An 80 feet road leading to Bandra
West by: A 100 feet road leading to Navi Mumbai
And situated within the Registration and Sub-Registration district of Bombay.
Dated at Bombay this 27th day of April 2018.

2. Agreement to sell

This DEED OF SALE executed this, the 24th day of April, 2018 BETWEEN
Mr. Arjun Kapoor, Son of Bonny Kapoor, aged about 50 years and residing at No.45, 11 th Main Road, Thillainagar Nagar, Tiruchirappalli - 6200027
hereinafter called the “VENDOR” (which term shall mean and include all their legal heirs, executors, representatives, assigns etc.) of ONE PART AND
Mrs. Soniya Sudharsan, Daughter of Mr. S. Venkataraman aged about 48 and residing at No. 6, 1 st Main Road, Manapparai, Tiruchirappalli - 620088,
hereinafter called the 'PURCHASER' (which term shall mean and include all his legal heirs executors, representatives, assigns etc. of the OTHER PART. 1
( The above paragraph represents the Preamble part of the Agreement to sale deed wherein the Vendor signifies his intention to sell the Schedule property
to the Purchaser.)
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WHEREAS the vendor is the absolute owner of the property consisting of a vacant land covering an extent of 4.35 acres, bearing Painche No. 476/16,
located in Ramji Nagar, Navalurkkuttappattu Village, Trichy - 620020, more fully described in the Schedule hereunder, they having acquired the same
from Mr. K. Perumal, by way of sale in the year 2002 and registered with the Sub-Registry at Trichy Joint I Sub Registrar Office, Trichy, evidenced by
Sale Deed No. 940/2002.2
(The above paragraph represents the Recitals part of the agreement to sale deed wherein the Vendor provides details of acquiring the title of the property,
by way of sale in the year 2007 and the Vendor declares that he has absolute title over the Schedule property.)
WHEREAS, the vendor is desirous of disposing off by way of sale the property consisting of a vacant land covering an extent of 4.35 acres, bearing
Painche No.476/16, located in Ramji Nagar, Navalurkkuttappattu Village, Trichy - 620020, more fully described in Schedule hereunder, since the vendor
wanted to dispose of the property because the said property is no longer required for their use. 3
(In the above paragraph which forms part of the Recitals part of agreement to sale deed, the Vendor expresses his willingness to sell the Schedule
property, as the same is not of use to the Vendor any longer.)
WHEREAS the purchaser having learnt that the vendor is desirous of disposing off by way of sale their property consisting of a vacant land covering an
extent of 4.35 acres, bearing PaincheNo.476/65, located in Ramji Nagar, Navalurkkuttappattu Village, Trichy - 620020, more fully described in the
Schedule hereunder, approaches the vendor with a view to purchasing the same. 4
(In the above paragraph which forms part of the Recitals part of the agreement to sale deed, the Purchaser expresses his willingness to purchase the
Schedule property which is intended to be sold by the Vendor.)
WHEREAS, the vendor and purchaser having carried out negotiations for the Sale and Purchase respectively of the property consisting of a vacant land and
covering an extent of 4.35 acres of land, bearing Painche No. 476/16, located in Ramji Nagar, Navalurkkuttappattu Village, Trichy – 620020, more fully
described in the Schedule hereunder; the vendor having agreed to sell the property and the purchaser having agreed to purchase the same for a total
consideration of Rs. 1 Crore.5
(In the above paragraph which forms part of the narrative recitals part of agreement to sale deed, the amount of consideration agreed between the parties
after having carried out negotiations is specified.)
WHEREAS, in pursuance of the agreement arrived at between the Vendor and Purchaser as regards sale and purchase respectively of the property, more
fully described in the Schedule hereunder, the purchaser having paid to the vendor a sum of Rs.40 lakhs (Rupees Forty Lakhs only), being the advance
amount, on 20th April, 2018, under an agreement to sell was entered thereof. 6
(In the above paragraph which forms part of the narrative recitals where the willingness of paying the advance by the Purchaser is specified.)
NOW THIS DEED WITNESSES THAT IN CONSIDERATION OF the vendor having agreed tosell and the purchaser of a vacant land, bearing Painche
No. 476/16, more fully described in Schedule hereunder, the Purchaser having paid an advance amount of Rs.40,00,000/- on 20 th April, 2018,when an
agreement to sell was entered between the parties; the purchaser having paid on the day of the execution of this deed, the balance sum of Rs. 60,00,000/- to
the vendor, which sum the vendor acknowledges of having received; and thus, the total consideration of Rs. 1 crore having been received by the vendor;
the vendor does hereby convey unto the purchaser absolutely all the title and interests in the Schedule mentioned property and further, the vendor also
delivering vacant possession of the said property to the purchaser to enable the purchaser to enjoy the said property absolutely and without any interruption
of whatsoever nature.
TO HAVE AND TO HOLD the property by the purchaser absolutely and forever and without any encumbrance of whatsoever nature.
THAT the vendor and purchaser hereby mutually covenant as follows:
1. The vendor hereby assures the Purchaser that the property hereby sold to the Purchaser is free from all encumbrances and that if any subsisting
is found to be there, the same shall be discharged at the expenses of the Vendor.
2. The Vendor hereby declares that in respect of the property sold by him to the Purchaser, he shall pay all the taxes and other levies due on the
property up to the date of execution of this Sale Deed and that the Purchaser shall pay the taxes and dues falling due hereafter.
3. The Vendee is fully empowered to transfer or get the fresh electric and water connections in respect of the above mentioned property under sale
in his/her own name after the execution/ registration of this sale deed from the respective departments at his/her own cost and expenses.
4. The Purchaser shall apply to the appropriate authorities and arrange to carry out the change of name required in all the necessary records and
for this purpose, the Vendor is always in readiness to give consent and affix their signature.
5. The Vendor hereby declares that he surrendered all the parent deeds connected with the property and that no document is retained by him. 7
(In the above paragraph, the terms and conditions agreed between the Vendor and the Purchaser and the general terms applicable to the
transfer by way of sale are specified.)

IN WITNESS WHEREOF, the parties hereto have set their hands on this, the 24 th day of April, 2018.
Dated at Joint I Sub Registrar Office, Trichy this 24 th day of April, 2018.
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WITNESS
(1) Rishi Eswar
No. 12, Paradise Apartments
N G O Colony
Vayalur
Trichy - 620011

Mr. Arjun Kapoor

(Vendor)

(2) Buvanesh Kumar

M 2/4, 5th Street Railar Nagar
TNSP Colony
KoodalNagar
Madurai - 625017

Mrs. SoniyaSudharsan
(Purchaser)

3. Usurfructuary mortgage

B. PLEADINGS:
1. Suit for promissory note

SUIT ON A PROMISSORY NOTE

Ram borrowed a sum of Rs. 20,000/- from Bharath on 02.02.2014, agreeing to repay the same with interest at 12% per annum. He has returned only a sum of Rs.2000/-
and has failed to pay the balance amount, in spite of repeated demands made by Bharath. Therefore, Bharath chose to send an Advocate’s notice dated 31.11.2017 to
Ram claiming the amount due from him While Ram has not only acknowledged the receipt of the Advocate’s Notice but also acknowledges his indebtness through his
letter dated 31.12.2017 he has not made any payment. Bharath now requires you to file a suit against Ram for recovery of the amount due to him. Draft an appropriate
Plaint.
DRAFTING,PLEADING AND CONVEYANCING NOTES

BEFORE THE COURT OF SUB-ORDINATE JUDGE AT CHENNAI

O. S. No. 123 of 2019
D Bharath Plaintiff
v/s
K Ram Defendant

PLAINT UNDER ORDER VII RULE I OF THE CODE OF CIVIL PROCEDURE

The above named plaintiff states as follows:-

The plaintiff, D. Bharath, son of A. Dinesh , aged 35 years, is a civil engineer, residing at Mylapore Village, Chennai- 600005
The address of the plaintiff for service of all notices and processes is that of his counsel A V Saha, Kathrikadavu Road, Thillai Nagar, Chennai.
The defendant, K Ram, , son of C. Karthik, aged 40 years, is a merchant carrying on business at Alwarpet, Chennai and residing at 1 st Cross Street, Michael Nagar, Adyar, which
is also his address for the service of all notices and processes from this Court of Law.
All notices and processes on the defendant may be served on him in his address noted above.
1. The plaintiff states that on had 02 nd of February 2014, the defendant had approached the plaintiff with a request to grant him a loan of Rs.20,000 since the defendant
was in urgent need of money.
2. The plaintiff states that the defendant, at the time of approaching the plaintiff had guaranteed to the plaintiff that he was ready to adhere by the terms and conditions
fixed by the plaintiff upon him.
3. The plaintiff states that on the 2nd of February 2014, the plaintiff granted a loan of Rs. 20,000 to the defendant on the strength of a promissory note executed by the
defendant note in favour of the plaintiff for a sum total of Rs. 20,000 along with an interest of 12% per annum on the above mentioned date which was witnessed by
Mr. M. Kumaran and Mr. S. Shami.

4. The plaintiff submits that the defendant promised to repay the said hand loan within one year time period from the date of execution of the promissory note. It is
respectfully submitted that in spite of repeated oral demands and also a legal notice was issued on 31.11.2017 made by the Plaintiff through his counsel and the same
was acknowledged by the Defendant through letter on 31.12.2017 , the Defendant has paid only a sum of Rs. 2000 in the year 2016 and failed to repay the balance
amount which includes the principal as well as the interest.

5. The plaintiff states that due to the failure of the defendant to honor the promissory note executed by him, the plaintiff has lost a considerable amount of money and
has been through mental agony and is still suffering from the shock of being cheated by the defendant agency.

6. The Plaintiff submits that the Defendant having borrowed the amount of Rs.20,000/- 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 till realisation @ 12% p.a. As the Defendant is avoiding payment, the
Plaintiff has left with no option except to approach this Hon’ble Court by way of this suit. In view of the above said facts, the Plaintiff is entitled to sue the defendant.

7. The Plaintiff submits that The Defendant is liable for following outstanding amount payable towards Principal Amount of Rs. 18,000./- and interest @12 % p.a. from
02.02.2014 as on date filing of the suit and for the recovery of which the following suit is filed.

8. The Plaintiff submits that the whole cause of action for the suit arose on 02.02.2014 when the Defendant borrowed the amount and executed promissory note and on
31.11.2017 when the Plaintiff got issued a legal notice to Defendant calling upon defendant to repay the amount and subsequently and on 31.12.2017 when the
defendant acknowledged the indebtness through letter.

9. The Plaintiff submits that the estimated value of the reliefs sought by him at the sum of Rs.20,000/- for the purpose of court fees under the Section 24 of The Tamil
Nadu Court Fees and Suits Valuation Act,1965 and at the same amount for the purpose of jurisdiction, the same amount has been paid.
10. The Plaintiff submits that the Plaintiff and the Defendant both residing at Chennai, and the loan was borrowed from the Plaintiff at the residence of the Plaintiff and
hence this Hon’ble Court is having territorial & pecuniary Jurisdictions to entertain the present suit.
11. The plaintiff prays that this Honorable Court may be pleased to pass a decree in favor of the plaintiff and against the defendant:-
a. For the principal amount of Rs. 18,000/-
b. And interest thereon at the rate of 12 percent per annum from the date of borrowing.
c. On specified rate from institution of suit to the date of the decree.
d. And thereafter at a specified rate per annum till the date of realization;
e. For the costs of the suit; and
f. Awarding such other reliefs as the Court pleases so.

Signature_______ Signature
A V Saha (Advocate ) D Bharath (Plaintiff )
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2. Suits for goods sold and delivered

SUIT FOR GOODS SOLD AND DELIVERED

M/s. Lakshmi Traders, Dealer in Textiles at Trichy Purchased textiles worth Rs. 2,00,000/- from M/s., Navrang Textiles (P) Limited, Mumbai in
the year 2015. The terms of the sale are that the total value is to be paid by before 31 st March 2016. But, only a sum of Rs.50,000/- has been paid
and the balance remained unpaid. The supplier from Mumbai approaches you to file a suit at Trichy against the dealer at Trichy for the recovery
of the amount due to them. Prepare an appropriate plaint.

IN THE DISTRICT COURT OF MUNSIF AT TIRUCHIRAPPALI

O.S.No. 263/2019
M/s., Navrang Textiles (P) Limited ……………………….Plaintiff
V/s
M/s. Lakshmi
Lakshmi Traders ……………………….Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC

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The Plaintiff above named submits as follows:

The Plaintiff M/s., Navrang Textiles (P) Limited, a textiles company registered under companies act,2013 and having registered office at 20A, Green
Breeze Apartments, IIIrd Cross, Thillai Nagar, Mumbai-400007.
The Address of the Plaintiff for service of all Notices and other processes from this Court of Law is that of his Advocate Mr. Raj Kumar, B.A.,LL.B
(Hons), having his office at No. 102, KVR Complex, K.K.Nagar, Trichy
The Defendant M/s Lakshmi daughter of Mr. A.Kamaraj, Hindu, aged about 33 years and representing Lakshmi Traders, Thillai Nagar Trichy residing at
Flat No. F7, Vinayaka Flats, Karur road, Jeeyapuram, Trichy – 620014, which is also the address for service of all summons and other notices from this
Court of Law.
1. The plaintiff states that on the 25th of March 2015, the defendant had approached the plaintiff , for purchasing Textiles of worth 2,00,000.
2. That the plaintiff states that the terms of the sale clearly state that the total value was to be paid before 31.03.2016.
3. The plaintiff states that at the time of purchasing the Textiles, the defendant Traders had assured the plaintiff the total value of the amount
would be paid before the due date mentioned.
4. The plaintiff states that at the time of due date only 50,000/- was paid and the remaining been unpaid.
5. The plaintiff when approached the defendant for the repayment of remaining amount there was no response. The plaintiff later sent a legal
notice against the defendant through his lawyer, but there was no response from the plaintiff

6. The plaintiff states that due to the careless and irresponsible attitude of the defendant towards the plaintiff by not paying the amount that has
to be paid, the plaintiff has lost a considerable amount of money and has been through loss in business.
7. The plaintiff states that for the loss that he has suffered in the hands of the defendant Traders plaintiff should be given compensation of Rs
25,000-/- by the Court.
8. The cause of action of the suit arose at Trichy within the jurisdictional limit of the Court on the 02 nd of May 2019 when the plaintiff
approached the defendant Traders to pay the remaining due amount for the goods purchased and also on 5.4.2018 when the legal notice was
served upon the defendant by the petitioner
9. The Plaintiff states that this Hon’ble Court has jurisdiction to try the suit as the whole cause of action arose at Trichy and values the suit at Rs.
20,000/- and pays thereon a Court Fee of Rs.1000 as per Section 24 of The Tamil Nadu Court Fees and Suits Valuation Act.

The Plaintiff therefore prays for a Judgment and Decree in favour of the plaintiff and against the defendant;
i. Directing the defendant to pay the remaining amount of 1,50,000
ii. Further pay a compensation of Rs 25,000 to the plaintiff for the losses incurred in business.
iii. for Costs of the suit

for such other reliefs which the Plaintiff is entitled and which this Court deems to be fit.

3. Suit against government:

SUIT AGAINST THE GOVERNMENT

5. Mukund is the owner of a house property located within the corporation limits ofBhopal. He has paid Property Tax due for his house for the year 2016-
2017. However, the Corporation Authorities collected property tax for the second time, which was also accepted by the corporation authorities and they
agreed to refund the excess collected within a week. But the Corporation Authorities have not returned the amount in spite of repeated reminders. Hence,
Mukund desires to file a suit against the authorities concerned for the recovery of the amount. Draft a suitable Plaint.

IN THE DISTRICT COURT OF MUNSIF, BHOPAL

O.S.No. 444/2019

Mr. V. Mukund ……… Plaintiff

Vs.
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1. The State of Madhya Prades

2. The Municipal Corporation of Bhopal ……. Defendants

PLAINT PRESENTED UNDER ORDER VII, RULE 1 r/w SEC 79 OF OF THE CODE OF CIVIL PROCEDURE, 1908.

The Plaintiff above named submits as follows:

1. The Plaintiff Mr. V. Mukund, son of Mr. K. Vignesh, Hindu, aged about 56 years and residing at Door No. 21, Rajiv Nagar, Bhopal- 462005.

2. The Address of the Plaintiff for service of all Notices and other processes from this Court of Law is that of his Advocate Mr. K. Krishna, having his
office at 6 th Cross, Rajiv Nagar, Bhopal, 462003.

3. The Defendants is the Municipal Corporation of Bhopal represented by the Chief Executive officer, the Deputy Mayor and Mayor of the municipal
corporation, Bhopal.

4. The Plaintiff states that he is the owner of a house property located within the corporation limits of Bhopal and has regularly paid property tax for the
said property to the corporation authorities of Bhopal.

5. The Plaintiff had paid the property tax due for the year 2016-2017 as per the requirements on 01.01.2017 which was a sum amounting to 24,000/-
(Rupees twenty four thousand only).

6. The plaintiff states that despite paying the property tax for the year 2016-2017 the corporation authorities collected property tax for the second time for
the same year on 10.01.2017. The defendant accepted that it had collected property tax in excess for the year 2016-2017 and agreed to refund the excess
amount within a week.

7. The plaintiff states that the defendant has still not returned the excess amount to the plaintiff despite repeated reminders.

8. The plaintiff states that due to the failure of the defendant to honor the agreement, the plaintiff has lost a considerable amount of money and has suffered
severe mental agony.

9. The plaintiff therefore submits that a sum of Rs. 20,000/- (Rupees twenty thousand only) being the principal amount collected in excess and a further
sum of Rs.5,000/- (Rupees five thousand only) as compensation of for the mental agony suffered by the plaintiff due to the misdeeds of the defendant, thus
totalling it to Rs. 25,000/- (Rupees twenty five thousand only), for the recovery of which the present suit is filed.

10. The Plaintiff states that the whole cause of action for this suit arose at Bhopal on 10.01.2017 when the plaintiff was made to pay the property tax for the
year 2016-2017 for the second time, on 12.01.2017 when the plaintiff made a representation to the corporation authorities, on 15.02.2017 when the plaintiff
subsequently sends the notice to the concerned Municipal Corporation authority.

11. The Plaintiff states that this Hon’ble Court has jurisdiction to try the suit as the whole cause of action arose at Bhopal and values the suit at Rs. 2 lakhs
and pays thereon a Court Fee of Rs. 3000/- (Rupees three thousand only) as per the Madhya Pradesh Court Fees and Suits Valuation Act.

12. The Plaintiff therefore prays for a Judgment and Decree against the Defendant

i. for the amount paid in excess for the property tax for the year 2016-2017 of Rs. 20,000/- (Rupees twenty thousand only).
ii. A compensation of Rs.5,000/- (Rupees five thousand only) to the plaintiff due
to the failure of the defendant to repay the loan amount.
iii. for Costs of the suit and
iv. for such other reliefs which the Plaintiff is entitled.

Dated at Bhopal this 20 th day of April, 2017

Advocate for Plaintiff Plaintiff

MR. K. KRISHNA V. MUKUND

VERIFICATION

I, Mr. V. Mukund, the Plaintiff above named, do hereby verify and state that the
allegations/averments set out in Paras 1 to 6 are correct to the best of my knowledge and
belief, and no part of it is false and nothing material has been concealed therein.
Date:
Bhopal:

Verified on this the 20 th day of April 2017, at Bhopal.

V. Mukund
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