and. Reply. G.Srinivasa Yadav filed a suit for the recovery of the debt. Your email address will not be published. 9. That the defendant had made the complaint against the plaintiff maliciously and without a reasonable or probable cause. Janardhana Naidu, S/o. Lastly, whether all properties are included in the suit and all co-sharers, coparceners, co-owners or joint-owners, as the case may be, are made parties to the suit? Srinivasa Yadav made demands for the Repayment of the loan and also caused a lawyer to notice dated 04.01.2011 to be sent to S. Janardhana Naidu. Welcome to Shareyouressays.com! Janardhana Naidu who received the notice on 27.01.2011 neither paid the amount nor did he respond to the notice on 20th February 2011. 11896. ORDER-6, RULE-17, SECTION-26 That Mr. Ragu Ram died leaving behind the following legal heirs at the time of her death: –. Publish your original essays now. LawBulls disclaims all liability to any person for any loss or damage caused by errors or omissions whether arising from negligence, accident or any other cause. In 20……. Snapshots. – Civil: (i) Plaint Structure; Description of Parties (ii) Written Statement (iii) Interlocutory Application (iv) Original Petition (v) Affidavit (vi) Execution Petition and (vii) Memorandum of Appeal and Revision (viii) Petition under Article 226 and 32 of the Constitution of India (ix) Special Leave Petition – Criminal: (i) Complaints (ii) Criminal Miscellaneous Petition (iii) Bail Application and (iv) Memorandum of Appeal … 25. whether a co-owner of the property is entitled to seek an injunction against other co-owner who has been in exclusive possession of the entire or part of the property restraining him from making any construction in that part of the property. (F) Any other orders in the interest of justice be kindly passed. Documents original promissory note executed by the defendant. By. c. Interest at commercial rate of 21% of item (b) above from the date of judgment to the date of payment. Mr. Ragu Ram aged 75 years owns property worth about 5 crores. 4. The Court may feel persuaded to grant both the reliefs if the evidence establishes that the plaintiff cannot be adequately compensated-at the time of the partition and that greater injury will result to him by the refusal of the relief than by granting it. August 15, 2016. Saved. That the plaintiff is a __. Under Section 25, Protection of Women from Domestic Violence Act. Related Legal Drafting Post navigation ← What’s in a name ? Your email address will not be published. These issues, being material for proper disposal of the partition suit, have to be answered by the Court on the basis of family tree, inter se relations of family members, evidence adduced and the principles of law applicable to the case. indian evidence act. Home. Special plaints in suits by a licensor against his licencee by notice as per the licence agreement. Defendant. Model draft of a “Plaint”: A plaint is accompanied by an affidavit as shown below:-Tushar Kaushik. Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit Respectfully Sheweth : 1. - YouTube, The Enlightenment: Social Contract - YouTube, Intro to Cyberlaw by Prof. Randy Dryer - YouTube, Niccolo Machiavelli - BBC Documentary 720p - YouTube. Mr. Raguram had two sons namely Rajavel and Sakthivel and three daughters namely Priya, Geetha and Shanthi all married and living separately. That the plaintiff accordingly called upon the defendants, on , to effect partition, but they refused to do so. Reply. The deceased was a sole bread earner to the heirs as such they have lost a bread earner. Hypothetical Situation. I, therefore, by means of this notice, call upon you to restrain from any activity which may hinder the undisturbed enjoyment of my clients of their shares over the above said property and to partition the property bearing no. Defendant. (6) Cause of Action: For this suit arose on 26.02.2008 at Tirupati, within the jurisdiction of this honourable court. It is a good place to learn especially through those sample drawn documents, if you can add all related documents you can assist the number of people and especially the students of law school and they can assumes your website forms part of their library, it is a good idea, keep it up!!!! The possession of one of them is possession of all in the eye of law unless the person who has been in exclusive possession asserts his title in himself to the exclusion of the other co-sharer which may amount to ouster. On or towards the West _ Public Road. Plaint. …..volume ………page No. The views expressed are not the personal views of LawBulls and are the independent views of the authors. x x x x x x x x, Advocate for the plaintiff Plaintiff. can you help us a sample of WRITTEN STATEMENT OF DEFENCE? 473 wherein it was held that a co-sharer who is in exclusive possession of any portion of a joint Khata can transfer that portion subject to adjustment of the rights of the other co-sharers therein at the time of partition and that other co-sharer's rights will be sufficiently safeguarded if they are granted a decree by giving them a declaration that the possession of the transferees in the land in dispute will be that of co-sharers subject to adjustment at the time of partition and that a declaratory decree in nothing but a judicial recognition of the existing rights and such a decree does not tend to create any rights. I, A, declare that the contents of paragraphs 1 to 5 of the above plaint are true to my personal knowledge and the contents of paragraphs 6 to 8 are believed by me on information received to be correct. It was held: well settled principle of law that in a suit filed by a co-sharer, coparcener, co-owner or joint owner, as the case may be, for partition and separate possession of his/her share qua others, it is necessary for the Court to examine, in the first instance, the nature and character of the properties in suit such as who was the original owner of the suit properties, how and by which source he/she acquired such properties, whether it was his/her self-acquired property or ancestral property, or joint property or coparcenary property in his/her hand and, if so, who are/were the coparceners or joint owners with him/her as the case may be. The defendant purchased __cement and sand etc. © 2012-2020 Law Zing | All Rights Reserved | Owned and operated by. Search Search. on the defendant as stated above. The plaintiffs above named begs to submit as follows : On or towards the East _ ……………………. Sri …………………………………………………s/o Chunee Lal r/o…………………………………….. 4.Sri ………………………………………………….s/o Late Sham Lal r/o ………………………………..... 5. Verified on………… at Dehradun. 2. Court fee and suits valuation Act. Sheet Music. Under Section 24, Hindu Marriage Act, 1955. (see “Hindu Law” by Mulla 17th Edition, Chapter XVI Partition and Reunion Mitakshara Law pages 493-547). e. Any further orders and relief(s) as the courts may deem fit and just to grant. It is a good place to learn especially through those sample drawn documents, if you can add all related documents you can assist the number of people and especially the students of law school and they can assumes your website forms part of their library, it is a good idea, keep it up!!!! : Consider issuing directions on use of disinfectants on humans, SC lays down guidelines for grant of maintenance/interim maintenance in family matters, SC: Guilt can’t be based purely on refusal to undergo identification parade, SC: S.79 of RERA Act doesn’t in any way bar Consumer Commission from entertaining any complaint, Minimum Requirements for Annual M.B.B.S. Sample Plaint and allied documents. 1,000 as general damages for mental and bodily pain and loss of reputation. Details of the Case: Mr. Ragu Ram aged 75 years owns property worth about 5 crores. ___________________________. 6. On the contrary if material and substantial injury will be caused to the defendant by the granting of the relief, the Court will no doubt be exercising proper discretion in withholding such relief. Fee paid to Sri W.Y., Pleader for defence Rs. …Plaintiff. This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU. (4) The plaintiff made several demands on the defendant for the repayment of the debt. Mr. Raguram was living with his wife Mrs. Keerthana Raguram in an individual house. That Mr. Raguram, who was residing at ________died on 01.05.2016. ”. Enter your email address to subscribe to us and receive notifications/alerts of new posts by email. Notify me of follow-up comments by email. (10) Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on with further interest at the contact rate till the date of realization. That the suit property is situated in Dehradun and all the parties permanently residing in Dehradun, within the jurisdiction of this honorable court. 4 has sold his undivided 1/5th share of the suit property to Sri Rati Ram, who is made party in the suit as a Performa defendant and no relief claimed against him. Mr. Raguram had two sons namely Rajavel and Sakthivel and three daughters namely Priya, Geetha and Shanthi all married and living separately. 1 to 3. jurisdiction of civil court. Defendant No.1 to 3 and plaintiff are real brothers whereas defendant No.4 is the son of late Sham Lal who is also a real brother of plaintiff and defendant No. (3) Defendant borrowed a sum of Rs. … That the accompanying APPLICATION FOR AMENDMENT IN THE PLAINT has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity. That on the 13th of May, 1950, the defendant filed a complaint before the City Magistrate of Allahabad charging the plaintiff with having burgled the defendant’s house. Y approach X on 28 June 2014 for supply of newspapers, magazines and periodicals beginning … Before publishing your Essay on this site, please read the following pages: 1. Replies. The plaintiff above-named begs to state as follows:—. Our mission is to provide an online platform to help students to discuss anything and everything about Essay. how to draft a plaint. Symbiosis Law School, NOIDA. Srinivasa Yadav, S/o. Required fields are marked *. Learn more about Scribd Membership . The plaintiffs are entitled to shares in the suit property. Close suggestions. Add … 2) In reply to Para III (1) of the plaint, it is submitted that I have no acquaintance with the plaintiff and did not approach at any point of time for hand loan to meet my son’s education and executed promissory note in favour of the plaintiff. ……….. of 20…………., but the said Court declined jurisdiction as per, The cause of action and the orders sought are within the jurisdiction of this. That the plaintiff and defendant No.1 to 4 are in joint possession of the property in suit. That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint. Learn how your comment data is processed. If one of them alone holds or occupies the entire property or part of it, his possession cannot be said unlawful. SUIT FOR PARTITION OF JOINT HINDU FAMILY PROPERTY: In the court of civil judge (senior division) Dehradun, 1. That the defendant had made the complaint against the plaintiff maliciously and without a reasonable or probable cause. Draft a legal notice on behalf of … and draft a plaint for the same with an interim application to grant an injunction for all the properties. Books. Srinivasa Yadav …….. Rule 4-The distribution of the share referred to in Rule 3- (i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his predeceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
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