Q1.

Draft a plaint in civil suit for recovery of money due on a contract for
services rendered by the

plaintiff to the defendant.

Answer all of the following questions in detail. Each question carries 10

marks.

Facts-

Plaintiff's Name - Mr. X

Defendant's Name - Mr. Y

Amount Due - Rs. 50,000/-

Services Rendered - Event management services for a wedding

Date of Contract-01.01.2024

Date of Completion of Services - 31.03.2024

IN THE COURT OF THE HON’BLE CIVIL JUDGE [JURISDICTION]

CIVIL SUIT NO. [______] OF [YEAR]

Between

Mr. X,
Son of [Father’s Name],
Resident of [Address],
[City, State, PIN],
... Plaintiff

Versus

Mr. Y,
Son of [Father’s Name],
Resident of [Address],
[City, State, PIN],
... Defendant

The Humble Plaint of the Plaintiff Above-Named

MOST RESPECTFULLY SHOWETH:

1. Description of the Plaintiff and Defendant:

1.1 That the Plaintiff, Mr. X, is a citizen of India and resides at [Address].
The Plaintiff is engaged in providing event management services,
including planning and executing weddings and other events.
1.2 That the Defendant, Mr. Y, is a citizen of India and resides at [Address].

2. Facts of the Case:

2.1 That on 01.01.2024, the Plaintiff and the Defendant entered into a
contract for event management services to be rendered by the Plaintiff for
the wedding of the Defendant’s son/daughter/relative, scheduled to take
place on [Wedding Date].
2.2 That under the said contract, the Plaintiff was required to organize and
manage the wedding event, including [details of specific services if
necessary], at a mutually agreed consideration of Rs. 50,000/-.
2.3 That the Plaintiff duly performed all obligations under the contract and
rendered the agreed services to the satisfaction of the Defendant. The
services were completed on 31.03.2024.
2.4 That the Defendant acknowledged satisfactory performance of the
Plaintiff’s services but failed to make payment of the agreed amount of
Rs. 50,000/-, despite repeated requests and reminders.

3. Cause of Action:

3.1 The cause of action arose on 01.04.2024, when the Defendant failed
to pay the agreed amount upon completion of services, and subsequent
reminders on [specific dates].

4. Jurisdiction:

4.1 That this Hon’ble Court has jurisdiction to entertain this suit as the
cause of action arose within the territorial jurisdiction of this Court, and
the Defendant resides and conducts business within the same jurisdiction.

5. Relief Sought:

The Plaintiff, therefore, prays for the following reliefs:

5.1 A decree in favor of the Plaintiff for recovery of the amount of Rs.
50,000/- from the Defendant along with interest at the rate of [X%] per
annum from the date of completion of services (31.03.2024) until the
date of realization of payment.
5.2 Costs of this suit.
5.3 Any other relief that this Hon’ble Court deems fit and proper under the
circumstances of the case.

6. Verification:

I, Mr. X, the Plaintiff, do hereby verify that the contents of the paragraphs
[1 to 5] of this Plaint are true and correct to my knowledge, and the
contents of the paragraphs [6] are based on legal advice, which I believe
to be true. Verified at [City], on this [Date].

Plaintiff:
(Signature)
Advocate for the Plaintiff:
(Signature and details)
Q2. What are pleadings? Explain fundamental and general rules of
Pleading?

Pleadings:

Pleadings are formal written statements filed by the parties to a legal

dispute, stating their respective claims or defenses in a concise and
structured manner. They provide the court with the necessary information
about the issues in dispute and ensure that both parties are aware of each
other’s case. Pleadings form the foundation of a civil suit and guide the
proceedings.

The primary pleadings in a civil suit are:

1. Plaint: Filed by the plaintiff, it outlines the facts, legal grounds, and
relief sought.

2. Written Statement: Filed by the defendant, it responds to the

plaint, admitting or denying the claims and raising any defenses.

Pleadings are governed by Order VI, Rules 1-18 of the Code of Civil
Procedure, 1908 (CPC) in India.

Fundamental Rules of Pleading:

1. Plead Facts, Not Law

 Pleadings must state material facts on which the party relies, not
the legal provisions or conclusions.

 Example: Instead of stating, “The defendant is liable under Section

73 of the Indian Contract Act,” the plaintiff should plead the specific
facts that establish liability.

2. State Material Facts Only

 Material facts are those essential to establish the plaintiff’s claim or

the defendant’s defense.

 Immaterial or irrelevant facts must not be included.

3. No Evidence to Be Pleaded

 Pleadings should not contain evidence or detailed particulars. Only

the facts necessary to build the case are to be stated.

4. Clarity and Precision

 The statements must be clear, unambiguous, and precise. Vague or

contradictory statements should be avoided.
5. No Departure from Pleadings

 Parties cannot present a case or defense in court that differs from

what has been stated in the pleadings, ensuring consistency.

 This is based on Order VI, Rule 7 of CPC.

6. Particulars Where Necessary

 If general allegations are made, they must be supported by

particulars where required (e.g., fraud, misrepresentation, breach).
This is under Order VI, Rule 4 of CPC.

General Rules of Pleading:

1. Plaintiff Must Plead All Grounds of Claim

 The plaint must disclose a cause of action, including all grounds for
relief.

 If it fails to disclose a cause of action, the plaint may be rejected

under Order VII, Rule 11 of CPC.

2. Defendant Must Plead All Defenses

 The defendant must state all defenses, including any counterclaims,

in the written statement. Failure to do so may prevent them from
raising such defenses later.

3. Amendment of Pleadings

 Amendments to pleadings can be made with the court's permission

if it is necessary to determine the real question in controversy. This
is governed by Order VI, Rule 17 of CPC.

4. Consistency

 Both parties must adhere to the facts stated in their pleadings and
cannot introduce inconsistent facts later.

5. Pleadings Must Be Signed and Verified

 Pleadings must be signed by the party or their authorized agent and

verified in accordance with Order VI, Rule 15 of CPC.

Importance of Pleadings:

1. Clarifies the Issues: Helps the court and parties understand the
exact points of contention.

2. Prevents Surprises: Ensures that no party is caught unaware by

undisclosed claims or defences.
 3. Streamlines Proceedings: Focuses the trial on the material
issues, saving time and resources.

Q3. Draft a general power of attorney document in which you, as the

Principal, authorize a trusted person (the Agent) to handle your financial
and legal affairs while you are unavailable. Include essential details such
as names, the scope of powers granted, duration, and any conditions for
revocation.

GENERAL POWER OF ATTORNEY

This General Power of Attorney is made on this ___ day of

_________, 20 by:

Principal:
Name: [Your Full Name]
Address: [Your Full Address]
Phone Number: [Your Phone Number]

Agent:
Name: [Agent’s Full Name]
Address: [Agent’s Full Address]
Phone Number: [Agent’s Phone Number]

1. Appointment of Agent
I, [Your Full Name], hereinafter referred to as the "Principal," hereby
appoint [Agent’s Full Name], hereinafter referred to as the "Agent," as my
true and lawful attorney-in-fact to act on my behalf.

2. Scope of Powers
The Agent shall have full authority to handle all financial and legal matters
on my behalf, including but not limited to:

 Managing bank accounts, including deposits, withdrawals, and

transfers.

 Buying, selling, leasing, or managing real estate or personal

property.

 Paying bills, taxes, and other obligations.

 Handling insurance and investment matters.

 Filing and managing claims or lawsuits.

 Conducting any other financial or legal activities necessary to

manage my affairs.

3. Effective Date and Duration

This Power of Attorney shall become effective on _____________ [start date]
and shall remain in effect until _____________ [end date or state "revoked
by the Principal"].

4. Revocation
I may revoke this Power of Attorney at any time by providing written
notice to the Agent and all relevant parties.

5. Limitations and Conditions

The Agent must act in my best interest and in accordance with applicable
laws. The Agent may not:

 Make or alter my will.

 Vote in public elections on my behalf.

 Make decisions regarding my health care unless specified in a

separate document.

6. Governing Law
This Power of Attorney shall be governed by the laws of the State of [Your
State].

7. Acknowledgment by Agent
By signing this document, the Agent acknowledges and accepts the
responsibilities granted under this Power of Attorney.

8. Signatures

Principal:
Signature: ________________________
Name: ___________________________
Date: ____________________________

Agent:
Signature: ________________________
Name: ___________________________
Date: ____________________________

9. Witnesses (if required):

We, the undersigned witnesses, declare that the Principal has signed this
Power of Attorney in our presence and appears to be of sound mind and
acting voluntarily.

Witness 1:
Name: ___________________________
Signature: ________________________
Address: ________________________

Witness 2:
Name: ___________________________
Signature: ________________________
Address: ________________________

10. Notary Public (if required):

State of ______________________
County of ______________________

On this ___ day of _________, 20, before me, the undersigned Notary
Public, personally appeared [Your Full Name], known to me (or
satisfactorily proven) to be the person whose name is subscribed to this
document and acknowledged that they executed the same for the
purposes contained herein.

Notary Public Signature: _______________________

My Commission Expires: ______________________

Q4. Draft a sale deed for the sale of a residential property. The facts are as
follows: Mr. A. the seller, is selling a house located at 123 Green Avenue,
City X, to Mr. B, the buyer, for a consideration of 50,00,000. The property
is free from any encumbrances or legal disputes. The seller has full
ownership and possession of the property and is transferring it to the
buyer. Mr. A has received the full payment, and both parties have agreed
to the terms of the sale.

SALE DEED

This Sale Deed is executed on this ___ day of _________, 20, at [City X], by
and between:

1. Seller:

Mr. A, son of [Father’s Name], aged __ years, residing at [Address],

hereinafter referred to as the "Seller," which expression shall, unless
repugnant to the context, mean and include his heirs, legal
representatives, successors, and assigns.

2. Buyer:

Mr. B, son of [Father’s Name], aged __ years, residing at [Address],

hereinafter referred to as the "Buyer," which expression shall, unless
repugnant to the context, mean and include his heirs, legal
representatives, successors, and assigns.
WHEREAS:

The Seller is the absolute owner in possession of the residential property

located at 123 Green Avenue, City X (hereinafter referred to as the
"Property"), and the property is free from all encumbrances, mortgages,
liens, and legal disputes.

The Seller has agreed to sell, and the Buyer has agreed to purchase, the
Property for a total consideration of ₹50,00,000 (Rupees Fifty Lakhs only).

NOW THIS DEED WITNESSETH AS FOLLOWS:

1. Sale and Transfer of Property

1.1. The Seller hereby sells, transfers, and conveys to the Buyer the said
Property, along with all rights, title, interest, privileges, and
appurtenances whatsoever in respect thereof, free from any
encumbrances.

1.2. The Buyer accepts the transfer of the Property in its entirety,
including possession, as of the date of this deed.

2. Consideration

2.1. The total consideration for the sale of the Property is ₹50,00,000
(Rupees Fifty Lakhs only), which the Seller hereby acknowledges having
received in full from the Buyer prior to the execution of this Deed.

3. Representations and Warranties by the Seller

3.1. The Seller declares and warrants that:

He is the sole and absolute owner of the Property.

The Property is free from all encumbrances, liens, or legal disputes.

There are no pending taxes, dues, or other liabilities concerning the

Property.

He has the full authority and legal capacity to execute this Deed.

4. Delivery of Possession
4.1. The Seller has delivered vacant, peaceful, and physical possession of
the Property to the Buyer on the date of execution of this Sale Deed.

5. Indemnity Clause

5.1. The Seller indemnifies the Buyer against any claims, disputes, or
liabilities arising in connection with the ownership or title of the Property
prior to the execution of this Sale Deed.

6. Registration and Expenses

6.1. The parties agree that this Sale Deed shall be registered with the
appropriate Sub-Registrar’s office.

6.2. The Buyer shall bear all applicable stamp duties, registration charges,
and other incidental expenses.

7. Governing Law

7.1. This Sale Deed shall be governed by and construed in accordance

with the laws of India.

IN WITNESS WHEREOF, the parties have signed this Sale Deed on the day,
month, and year first written above in the presence of the witnesses
below.

Signed by the Seller:

Name: _________________________

Signature: ______________________

Signed by the Buyer:

Name: _________________________

Signature: ______________________

Witnesses:
Name: _______________________

Address: _____________________

Signature: ____________________

Name: _______________________

Address: _____________________

Signature: ____________________

Acknowledgment by Sub-Registrar:

This document was registered on this ___ day of _________, 20, at the Sub-
Registrar’s Office of _____________, under Registration No. _____________