Civil Procedure Code-II

Semester VIII, Batch 2011-2016

List of Project topic allotted (Division B)
Name

Topic

UrfeeRoomi

1. A suit is filed before the Civil judge, Tis Hazari

Courts by Vikas Law House, legal book seller on
01.12.14 to recover an amount of Rs. 5 lacs
from Legal Remedies, a law firm. The four
invoices which form a part of the suit are dated
01.11.14, 22.10.13, 12.06.12 and 10.12.11. In
March 2015, when issues were framed, Vikas
Law House found that Legal Remedies owes
another sum of Rs. One lac by way of invoice
dated 05.12.11. The counsel for Vikas Law
House files an application under order VI Rule
17 for amendment of the suit in order to include
the left over invoice. Draft an appropriate reply
to the application under order 6 rule 17 on
behalf of Legal Remedies.

Dishti Titus

2. Jain Book Agency in Connaught Place regularly

supplies newspapers, books and periodicals to
business entities. Creative Solutions is a
consultancy having an office at Statesman
House, Kasturba Gandhi Marg,
New Delhi.
Creative Solutions approach Jain Book Agency
on 28 June 2014 for supply of newspapers,
magazines and periodicals beginning the month
of July 2014. As per the terms of contract,
Creative Solutions deposited an advance of Rs.
50,000/- through a post dated cheque for July
29, 2014 which Jain Book Agency accepted. On
deposit the cheque was returned dishonoured
by Jain Book Agencys bankers. Jain Book
Agency is advised to file a suit for recovery of

the total outstanding amount of Rupees Seventy

five thousand from Creative Solutions. Draft an
appropriate suit for recovery on the above facts
specifying
the
territorial
and
pecuniary
jurisdiction of the court in which the suit will be
filed and the court fee to be paid.
SaumyaParmarthi

3. Jain Book Agency in Connaught Place regularly

supplies newspapers, books and periodicals to
business entities. Creative Solutions is a
consultancy having an office at Statesman
House, Kasturba Gandhi Marg, New Delhi.
Creative Solutions approach Jain Book Agency
on 28 June 2014 for supply of newspapers,
magazines and periodicals beginning the month
of July 2014. Jain Book Agency insisted on an
advance before commencing supply. Creative
Solutions deposited an advance of Rs. 50,000/through a post dated cheque for July 29, 2014
which Jain Book Agency accepted. On deposit
the cheque was returned dishonoured by Jain
Book Agencys bankers. Jain Book Agency does
not want to do any more business with Creative
and wants a speedy remedy to recover the total
outstanding amount of Rupees Seventy five
thousand from Creative Solutions. Prepare the
appropriate filing for Jain Book in the above
facts and circumstances in the correct
jurisdiction.

Mitali Mote

4. A suit for possession filed by one X against Y

and Z is pending in Karkardooma courts since
2009, seeking eviction of Y and Z from a House
property in Trilok Puri. Z who is the unmarried
sister of Y is bed ridden and paralysed since
2008. Z was looking after the family affairs for
several years till she fell sick. The court decrees
the suit in favour of X on 01.02.2014. After the
decree of eviction is passed Z dies. On
03.03.2014, Y files a petition for obtaining a

succession certificate for movable properties of

Z. In the contents of the petition Y also asks for
permission of the Court to break open the
locker of Z which is situated at P and S Bank at
Patparganj, Delhi. The court grants the prayer
of Y and appoints a local commissioner in whose
presence the locker shall be broken open. On
05.04.2014 on breaking open the locker of Z, Y
discovers certain original conveyance papers.
On a closer look Y discovers that X had sold the
said House in Trilok Puri to Z in 2007 against a
sale consideration of 1,20,000/-. In the
meantime an execution for the decree of
eviction dated 01.02.2014 has been filed by X.
Y has approached you for advice. Select an
appropriate remedy and draft the necessary
papers for filing to the appropriate court on the
basis of the above facts including all
supplemental
proceedings.
Mention
the
necessary court fees. Assume the identities and
other necessary details.
Rangam Sharma

5. According to Section 34 of the SARFAESI

Act, no civil court has jurisdiction to try a
matter which the DRT has the power to
decide under the SARFAESI Act. Ms. Q
avails a housing loan against security of her
house from TUDOR Finance at Nehru Place. Q is
unable to make payment against the loan
amount and her loan is recalled by TUDOR
Finance. TUDOR Finance initiates SARFAESI
proceedings against Q. Instead of approaching
DRT, Q approaches ADJ, Saket Courts in a Suit
for Injunction against TUDOR Finance along with
an application for interim relief under Order 39
rules 1 and 2 CPC. The ADJ, Saket grants an
interim injunction against TUDOR Finance.
TUDOR Finance is aggrieved by the Order of the
ADJ and has approached you for advice. Select
an appropriate remedy and draft the necessary

papers for filing to the appropriate court on the

basis of the above facts including all
supplemental
proceedings.
Mention
the
necessary court fees. Assume the identities and
other necessary details.

Lakshya Sharma

NainshreeGoyal

6. Airconnect is an airline having its head office in

Bangaluru. Fly Smart is a General Sales Agent

(GSA) of Airconnect for North India having its
Regd. Office in New Delhi. Due to the
cancellation of its licence by Ministry of Aviation,
Airconnect shuts down its flights abruptly.
Consequently, Fly Smart is saddled with a huge
outstanding debt from Airconnect on account of
refund towards the cancelled tickets. Fly Smart
has to recover a total sum of Rs. 25 lacs as per
refund vouchers and has approached you for
advice. Select an appropriate remedy and draft
the necessary papers for filing to the
appropriate court on the basis of the above
facts including all supplemental proceedings.
Mention the necessary court fees. Assume
other necessary details.
7. Section
8
of
the
Arbitration
and
Concilliation Act 1996 states that no suit
shall be entertained by the civil court when
there is an arbitration clause between the
parties, and the Court shall refer the
parties to arbitration. Airconnect is an airline
having its head office in Bangaluru. Fly Smart is
a General Sales Agent (GSA) of Airconnect for
North India having its Regd. Office in New Delhi.
Airconnect has an agreement with its GSA
signed at Bengaluru, which has a dispute
resolution clause which clearly states that all
disputes between the parties shall be resolved
by way of arbitration. Due to the cancellation of
its licence by Ministry of Aviation, Airconnect

shuts down its flights abruptly. Consequently,

Fly Smart is saddled with a huge outstanding
debt from Airconnect on account of refund
towards the cancelled tickets. Fly Smart has to
recover a total sum of Rs. 25 lacs as per refund
vouchers and has filed a suit for recovery
against Airconnect at New Delhi. Airconnect is
aggrieved by the suit filed by Fly Smart at New
Delhi. Prepare appropriate filing/s under the
relevant provisions of CPC to challenge the suit.
AnkitaTandon

8.

Air Waves is a telecom company which has

several franchisees in Western India. The head
office of Air Waves is at Mumbai. Peter Pan
Communications with its head office at
Ahemdabad is a Franchisee of Air Waves vide
agreement dated 01.04.2009 signed at Mumbai.
Pursuant to the cancellation of 2G licences by
the order of the Honble Supreme Court dated
Feb 2, 2012, Air Waves loses its licence and is
unable to sustain its business. Consequently,
Peter Pan communications is saddled with
several unpaid invoices viz dated 15.10.10 for
Rs. 39,000, dated 25.12.2010 for Rs. 45,000,
dated 15.01.2011 for Rs. 50,000 and thereafter
for Rs 1 lac per month from 15.02.2011 upto
June 2012 from Air Waves. Despite the order of
Supreme Court, the telecom companies were
hopeful of a different outcome and Air Waves
has issued written assurance to its associates
that it would fulfil all commitments. However, it
was unable to do so. Left with no choice in Dec
2013,
Peter
Pan
Communications
has
approached you for an appropriate remedy.
Initiate the necessary proceedings in the correct
jurisdiction with appropriate filing on behalf of
Peter Pan for its claim against Air Waves.

AshutoshUpadhyaya

9. Ashok who lives in Solan has filed a petition in

Solan Courts for restitution of conjugal rights
against his wife Mohini who lives in
Dharamshala with their little son Amitabh and
her parents. Mohini is a school teacher and has
filed for divorce in Dharamshala. She finds it
expensive to travel to Solan on each date of
hearing of restitution proceedings. Mohini has
engaged you for advice regarding her
predicament. Decide a remedy and draft the
necessary papers for Mohini under the relevant
provision/s of law to be filed in the relevant
court.

Anuj Srivastava

10.
A suit for recovery was filed by Apollo
Hospital
against
Ranbaxy
Pharma
on
02.02.2013 and the court by way of an interim
order dated 05.05.14 directed Ranbaxy Pharma
to deposit Rs. 3.5 lacs which is the admitted
amount with Apollo Hospital. The sum was
deposited on 01.06.2014. A money decree for
an Amount of Rs. 19,00,000/- along with
interest @ 18% p.a from the date of filing and
legal costs and expenses of Rs. 65,000/- is
passed by the Court of Additional District Judge,
New Delhi, Saket Courts in favour of Apollo
Hospital on Jan 31, 2015. Despite several
reminders and notices Ranbaxy Pharma does
not pay the decretal amount to Apollo Hospital.
Draft a petition for execution for Apollo Hospital
in the appropriate court. Assume other
necessary details.

Rhea Srivastava

11.
A suit for injunction was filed by Nathu Pal
Singh of Trilokpuri against BSES Yamuna Power
Limited on 02.05.2011 before Civil Judge, Delhi,
Karkardooma Courts, seeking injunction from
recovery of demand raised for alleged theft of
electricity. The court while granting interim
injunction against disconnection by way of order

dated 05.05.11 directed Nathu Pal Singh to

deposit Rs. 3.5 lacs with the electricity
company. In Dec 2014, the court allowed the
suit and quashed the bill, however failed to
make any order regarding the amount deposited
on 12.05.11 by Nathu Pal Singh pursuant to the
conditional injunction. Advice Nathu Pal Singh
and prepare an appropriate application/ petition
on his behalf.
Vikrant Yadav

12.
MGR Developers has its head office at
Delhi and is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers at their site office
at the proposed township, a receipt is issued to
him
against the earnest money received and
possession is promised within three years. In
the meantime, Raghav is expected to raise a
loan and pay 80% of balance cost towards the
Villa within two months of the deposit. Raghav
is unable to raise a loan because he is informed
that the project is not approved by the
authorities. After two and half months of
depositing the earnest money, Raghav receives
a letter of cancellation and forfeiture of Earnest
money from MGR Developers. Raghav is
shocked at the contents of the letter and
contacts the management of MGR Developers
but does not receive any response from them.
Raghav wants to file a suit for recovery against
MGR Developers along with damages and
compensation. Determine the suit amount and
draft the suit along with a list of necessary

documents for filing in the appropriate

jurisdiction and indicate the necessary court
fees.
Parakram Roy

13.
MGR Developers has its head office at
Chandigarh, branch office in Vasant Kunj, New
Delhi and is building a township in Cybercity,
Gurgaon where it has a site office. Raghav is an
employee with a Delhi based law firm and plans
to invest in a Villa in the township being built by
MGR Developers after seeing a sample villa at
the site. Raghav is informed that a Villa will cost
him 3 Crores and Raghav will have to pay 10
Lacs as earnest Money at the time of booking of
the Villa and 80% of the balance cost within
three months of booking. Raghav agrees to this
stipulation and signs the contract with MGR
Developers at their site office at the proposed
township on 02.02.2014, a receipt is issued to
him against the earnest money received and
possession is promised within three years. In
the meantime, Raghav is expected to raise a
loan to pay the entire amount towards the Villa.
However, even after four months of depositing
the earnest money, Raghav did not pay the 80%
amount. Raghav receives a letter of cancellation
and forfeiture of Earnest money from MGR
Developers on 01.07.14. Raghav is shocked at
the contents of the letter and contacts the
management of MGR Developers but does not
receive any response from them. Raghav has
filed a suit for specific performance and in the
alternative for recovery along with damages at
Saket Courts, New Delhi on September 3, 2014
with Rs. 500 as court fees. Draft an appropriate
response to this suit on behalf of MGR
Developers.

Ankit Agarwal

14.
MGR Developers has its head office at
Delhi and is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers at their site office
at the proposed township, a receipt is issued to
him against the earnest money received and a
promise to hand over possession in three years
time. In the meantime, Raghav is expected to
raise a loan and pay 80% of balance cost
towards the Villa within two months of the
deposit. Raghav is unable to raise a loan
because he is informed that the project is not
approved by the authorities. After two and half
months of depositing the earnest money,
Raghav receives a letter of cancellation and
forfeiture of Earnest money from MGR
Developers. Raghav is shocked at the contents
of the letter and contacts the management of
MGR Developers but does not receive any
response from them. Raghav files a suit for
recovery and the court decrees the suit in
favour of Raghav. A few months later Raghav is
advised by an advocate that he should have
prayed for interest on the earnest money
deposited by him with MGR Developers. Raghav
prefers a suit praying for recovery of interest on
the decretal amount granted in the earlier suit.
MGR Developers has approached you for advice.
Draft the WS for MGR taking the necessary
objections.

LavanyaPandit

15.
MGR Developers is building a township in
Cybercity. Raghav is an employee with a Delhi

based law firm and plans to invest in a Villa in

the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers who issue him a
receipt against the earnest money and promise
to hand over possession in three years time. In
the meantime, Raghav is expected to raise a
loan and pay the entire amount towards the
Villa. Raghav approached ICPT Bank for a loan.
The loan is sanctioned in favour of Raghav and
ICPT Bank disburses the entire loan amount to
MGR Developers on behalf of Raghav. Raghav
writes to MGR Developers for issuance of
allotment letter in his favour. But MGR
Developers fail to do the same. Raghav sends
them a reminder and waits patiently. After
passing of one and half years Raghav meets the
MD of MGR Developers who assures him that
the letter shall be issued soon. In the
meantime, Raghav starts defaulting in his
repayment of loan amount and his loan amount
is classified as NPA / Bad / Non paying /
irregular account. After passing of six more
months Raghav decides to file a suit for
recovery against MGR Developers. The Court
issues a notice to MGR Developers and they
appear before the Court and file a written
statement. In the meantime, ICPT Bank gains
knowledge of the subject suit from MGR
Developers. ICPT Bank wishes to join the
proceedings in the subject suit since the loan
amount against the subject Villa has been
disbursed by ICPT Bank. Draft an appropriate
application for ICPT Bank under the relevant
provisions of law.

Subrato Ghosh

16.
MGR Developers with its head office in
New Delhi is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers at the Vasant
Kunj, New Delhi office, who issue him a receipt
against the earnest money and promise to hand
over possession in three years time. In the
meantime Raghav is expected to raise a loan
and pay 80% of the balance cost towards the
Villa. Raghav approached ICPT Bank, New Delhi
for a loan. The loan is sanctioned in favour of
Raghav and ICPT Bank disburses the necessary
sum to MGR Developers on behalf of Raghav.
Raghav writes to MGR Developers for issuance
of allotment letter in his favour. But MGR
Developers fail to do the same. In the
meantime Raghav starts defaulting in his
repayment of loan amount and his loan amount
is classified as NPA / Bad / Non paying /
irregular account. Raghav decides to file a suit
for recovery against MGR Developers in Delhi
High Court. The Court issues a notice to MGR
Developers and they appear before the Court
and file a written statement. The court decrees
the suit in favour of Raghav on 15.02.15. ICPT
Bank gains knowledge of the decree in favour of
Raghav. Aggrieved by the decree in favour of
Raghav, ICPT Bank which has actually made the
payment against the subject Villa to MGR
Developers has approached you for advice.
Prepare the requisite draft to initiate whatever
proceedings are necessary on behalf of the
bank, in the appropriate court, indicating the

court fee and the period of limitation, if any.

Aditi Kharpate

17.
MGR Developers with its head office in
New Delhi is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers at the Vasant
Kunj, New Delhi office, who issue him a receipt
against the earnest money and promise to hand
over possession in three years time. In the
meantime Raghav is expected to raise a loan
and pay 80% of the balance cost towards the
Villa. Raghav approached ICPT Bank (Mumbai),
with its branch at Bhikaji Cama Place, New Delhi
for a loan. The loan is sanctioned in favour of
Raghav and ICPT Bank disburses the necessary
sum to MGR Developers on behalf of Raghav.
Raghav writes to MGR Developers for issuance
of allotment letter in his favour. But MGR
Developers fail to do the same. In the
meantime Raghav starts defaulting in his
repayment of loan amount and his loan amount
is classified as NPA / Bad / Non paying /
irregular account. Raghav decides to file a suit
for recovery on 02.01.2013 against MGR
Developers in Delhi High Court making the Bank
a proper party, however giving the address of
the Head office of the Bank at Mumbai. Raghav
has concealed that he has defaulted in
repayment to the bank and the bank has
initiated separate proceedings against him. The
Court issues a notice to both defendants at the
address provided by Raghav. MGR Developers
appears before the Court and files a written

statement. The Bank does not appear despite

service at Mumbai and is proceeded against
exparte on 05.04. 2013. The court decrees the
suit in favour of Raghav on 31.10.2014. On or
about 15.11.2014, ICPT Bank, Bhikaji Cama
Place Branch is informed by the builder,
regarding the decree in favour of Raghav.
Aggrieved by the order of the Court, ICPT Bank
which has actually made the payment against
the subject Villa to MGR Developers has
approached you for advice. Prepare the
requisite draft to initiate whatever proceedings
are necessary on behalf of the bank, in the
appropriate court, indicating the court fee and
the period of limitation, if any.
Palak Mahajan

18.
Harish Pant resident of Anand Vihar, Delhi
is reconstructing his house property to make an
extra floor and a basement in his house.
Santosh Singh the adjoining resident finds that
due to the construction activities being carried
out next door cracks are appearing in the walls
of his house. On further investigation he also
finds that a basement is not allowed in the area
as per building byelaws. There are many other
violations which are likely to weaken the
structure of Santosh Singhs house. However,
the MCD is not taking any action despite many
requests orally and in writing. Santosh Singh
has approached you for advice. Draft a suitable
plaint on his behalf against the concerned
persons to be filed in the court of appropriate
jurisdiction, indicating the court fee paid.
Enclose a list of supporting documents.

Mannat Sandhu

19.
Harish Pant resident of Anand Vihar, Delhi
is reconstructing his house property to make an
extra floor and a basement in his house which is
not permitted as per building byelaws. Santosh
Singh apprehends damage to his house and has

written to the MCD who have not taken any

action. Santosh Singh has filed a suit in the
court of appropriate jurisdiction. During the
pendency of the suit, Santosh Singh found that
cracks are appearing in the walls of his house
and water is seeping through the walls of his
house. Despite requests the persons working on
the premises are not allowing him to enter the
premises to see what construction is being
carried on inside and Harish Pant is avoiding all
contact. You are the counsel prosecuting the
case, draft necessary application/s for urgent
relief in the suit.
SnehaPrasannan

20.
Santosh Singh resident of Anand Vihar,
Delhi is reconstructing his house property to
make an extra floor and a basement in his
house which is not permitted as per building
byelaws. Harish Pant apprehends damage to his
house and has written to the MCD who have not
taken any action. Harish Pant has filed a suit in
the court of appropriate jurisdiction. The Court
has restrained Santosh Singh from carrying out
any further construction and maintain status
quo till the disposal of the suit. Despite the
restraint order of the Court Santosh Singh is
continuing the construction activity. Draft an
application on behalf of Harish Pant against
violation of the court order under the relevant
provisions of CPC.

Natasha Bardia

21.
Shamsher Singh resident of Lajpat nagar,
New Delhi is reconstructing his house property
to make an extra floor and a basement in his
house. P.K Jain, owner of the adjoining house,
apprehending damage to his property has
written to the MCD who have not taken any
action. P.K Jain has filed a suit in the court of
appropriate jurisdiction claiming that the
construction is not permitted as per building

byelaws and that it is causing nuisance and that

the structure of his property will be weakened.
The Court restrains Shamsher Singh from
further construction during the pendency of the
suit. Shamsher Singh is aggrieved by the order
considering the same illegal and unjustified. He
wants to challenge the restraint order. File an
appropriate petition on his behalf under the
relevant provisions of CPC.
Kiran Mishra

22.
Pritam Singh is in possession of certain
securities in the form of bonds and Kisan Vikas
Patras of a total value of Rs. 1.5 lacs and some
jwellery worth approximately one lac belonging
to his employee Sher Singh belonging to Ropar
who had placed the same with Pritam Singh for
safe keeping while in his employment in his
automobile work shop in Karol Bagh New Delhi.
Sher Singh died on Nov 30, 2014. One
Parminder Singh is claiming the securities and
valuables from Pritam Singh as the adopted son
of deceased Sher Singh. The valuables are also
being claimed by Jeet Kaur as the wife of the
deceased. Pritam Singh is aggrieved with being
stuck between the two claimants. Pritam Singh
desires to be freed from the responsibility of the
valuables. How will such relief be possible?
Determine a remedy and prepare the necessary
filing.

Aditi Sushree

23.
Wood &Co., Timber merchants having
their head office at Ghazipur in Delhi have on
March 3, 2014 filed a suit for recovery of Rs. 16
lacs against Haribhai Patel resident and working
for gain at Ahemdabad, in District Court Tis
Hazari. Wood & Co. are claiming the price of
wooden sleepers supplied to Haribhai April 2012
to Dec 2013 by way of ten invoices filed with
the plaint. The goods were duly received at
Haribhais factory at Ahemdabad. Hari bhai Patel

claims he has supplied fifteen lacs worth of

finished wooden articles to the show room of
the plaintiff at Mumbai for which he has the
necessary invoices and delivery receipts. He is
claiming a further adjustment of Rs. Three lacs
towards costs, expenses and defective goods by
way of credit notes issued by the plaintiff. Draft
an appropriate response on behalf of Haribhai
alongwith the list of supporting documents.
Shubhangi Arora

24.
Forest Essentials, Timber merchants
having their head office at Faridabad have on
March 3, 2015 filed a suit for recovery of Rs. 16
lacs in District Court Tis Hazari against Neel
Kamal Traders working for gain at Ahemdabad.
Forest Essentials are claiming the price of
wooden sleepers supplied to Hiren Shah, sole
proprietor of Neel Kamal Traders in April 2012
to Dec 2013 by way of ten invoices filed with
the plaint. The invoices have been issued at the
factory of the plaintiff Co. in Rewari from where
the goods were despatched. The goods were
received at Hiren bhais factory at Ahemdabad.
It is the plaintiffs case that the order for the
goods was telephonically placed in the
marketing office in Delhi, however, no
documentary proof has been annexed. Hiren
bhai claims he has supplied ten lacs worth of
furniture to the show room of the plaintiff at
Mumbai for which he has shown you the
necessary invoices and delivery receipts. He is
claiming a further adjustment of Rs. Three lacs
towards costs, expenses and defective goods for
which he has shown you credit notes issued by
the plaintiff. Hiren bhai was advised by a lawyer
in Ahemdabad that the suit is not maintainable
in Tis Hazari, however, he wants to pay the
admitted liability of Rs. Three lacs in court, not
wanting to incur any interest on that sum.
Draft the necessary application/s on behalf of

Haribhai Patel.
Shubham Gupta

25.
Sudipto Banerjee has been living in a
rented first floor with his two friends Srinath
and Ravi Majumdar in Mukherji Nagar for Rs.
8000 per month for the past two years
preparing for various competitive exams. There
is no written rent agreement. The landlord Sh.
P.K Jain who lives on the ground floor wanted
higher rent which Sudipto and his friends were
not willing to pay. The landlord has filed a suit
for possession without any prior notice claiming
that the boys are paying guests. Sudipto has
shown you monthly receipts for Rs. 8000/- for
the past years, MTNL fixed line bills in his name,
installation receipt of dish antenna on the first
floor in his name, receipts for electricity bills
paid by him for the first floor meter (meter in
the name of landlord). Sudipto and his friends
are constantly being harassed by the landlord,
who deliberately locks the outer gate, when the
boys are at coaching. He has also tampered
with the water tank on the terrace making the
boys life miserable. They are constantly
threatened that he will throw their belongings
on the road. Draft an appropriate response to
the suit on behalf of Sudipto and his friends
along with a suitable remedy against the
harassment.

Jaskaran Singh

26.
Your client Sh. P.K Jain has given out the
first floor of his house in Mukherji Nagar @ Rs.
8000 per month for the past two years to
Sudipto Banerjee, Srinath and Ravi Majumdar
who are preparing for various competitive
exams and sharing the accomodation. Sh. P.K
Jains wife prepares breakfast and dinner for the
boys for which they pay separately. There is no
written agreement. However, your client has
regularly been issuing receipts towards the

monthly payments in the name of Sudipto

Banerjee. Your client wants more money as
similar properties in the area are fetching nearly
Rs. 15,000 per month, which Sudipto and his
friends were not willing to pay. The boys have
got installed an MTNL fixed line and bills are
being received in the name of Sudipto. The boys
have their separate dish antenna on the first
floor. The boys pay for electricity consumption
as per bills for the first floor meter in the name
of Sh. P.K Jain. Your client and his family are
very harassed, disturbed and apprehensive, as
there are boys and girls constantly camping on
the first floor and coming and going at all hours.
Despite several requests, the boys are not
vacating the premises. Draft an appropriate
plaint and an application for interim relief on
behalf of Sh. P. K Jain for filing in the court of
appropriate jurisdiction.
RidhiMunjal

27.
Z files a suit for possession against Y and
S in 2014, seeking their eviction from House no.
2, Karol Bagh, New Delhi. S who is the
unmarried sister of Y is bed ridden and
paralysed. S is older to Y and was looking after
the family affairs for several years till she fell
sick. She died during the pendency of the case.
It is Ys case that S had purchased the house
from Z in 2007 against a sale consideration of
1,20,000/-. Y filed two depositions of A and B
who claimed to be witnesses to the sale
transaction. Z in his evidence is relying on an
unstamped lease deed which the court has
taken on record vide order dated Mar 3, 2014. Y
sought time to search out the sale deed from
his sisters effects which is declined by the court
vide the same order on the ground that the
evidence has already been led and no further
time can be granted. Y has located the sale
deed from his deceased sisters locker and

wants to challenge the order of March 3. Draft

an appropriate petition on Ys behalf.
MehakHuria

28.
Anand Prakash and Brahm Dutt are
owners of adjacent houses in Malviya Nagar,
Delhi. Anands house is higher than Brahm
Dutts house. Through an upper storey window
Anand has enjoyed light and air for 30 years
peaceably as an easement. Brahm Dutt starts to
build another storey to his house. Anand
apprehends that the light and air enjoyed by
him through the window will be cut off, if Brahm
Dutt is allowed to build another storey to his
house. Prepare a suit on behalf of protecting his
right of easement of light and air through the
window and restraining Brahm Dutt from adding
another storey to his house or interfering with
his right to light and air in any other manner.
Draft any other application for interim relief
which
you
feel
is
necessary
in
the
circumstances.

RadhikaDhawan

29.
Anand Prakash and Brahm Dutt are
owners of adjacent houses in Malviya Nagar,
Delhi. Anands house is higher than Brahm
Dutts house. Through an upper storey window
Anand has enjoyed light and air for 30 years
peaceably as an easement. Brahm Dutt starts to
build another storey to his house. Anand
apprehends that the light and air enjoyed by
him through the window will be cut off, if Brahm
Dutt is allowed to build another storey to his
house. Anand has filed a suit for protecting his
right of easement of light and air through the
window and restraining Brahm Dutt from adding
another storey to his house or interfering with
his right to light and air in any other manner. An
application for temporary injunction has also
been filed. Draft a written statement in the suit

and a reply to the injunction application

NishantDoshi

30.
Anand Prakash has filed a suit for partition
of their residential house against his brother
Brahm Prakash. Brahm Prakash and his wife
Arunima die in an accident pending the suit
leaving behind their minor son Atul who is now
in the care and custody of Anand Prakash. Draft
the necessary application/s so that the suit may
continue and be duly adjudicated.

Reeva Chugh

31.
Rashmi Chopra took a personal loan of Rs.
3.5 lacs from Easy Finance Pvt. Ltd. (EFPL). She
failed to repay the loan and EFPL has filed a suit
for recovery of Rs. 5 lacs (principal and interest)
against Rashmi Chopra before Civil Judge, Tis
Hazari courts. On 05.01.15 when the case was
fixed for hearing, the counsel for EFPL did not
appear and the suit was dismissed in default.
The counsel filed an application for setting aside
the order dated 05.01.15, stating that he had
inadvertently noted a wrong date of hearing.
The court was not satisfied with the argument
of the counsel especially since no evidence in
support had been filed. The application was
dismissed by the Civil Judge on 05.02.15. EFPL
is aggrieved by the conduct of the lawyer and
has removed him from their panel of lawyers.
You have been approached on 07.03.15 to take
the necessary legal recourse against the order
dated 05.02.15 of the Civil Judge. Prepare the
required filing.

AnimeshKatiyar

32.
A suit is filed before the Civil judge, Tis
Hazari Courts by Vikas Law House, legal book
seller on 01.12.14 to recover an amount of Rs.
5 lacs from Legal Remedies, a law firm. The four

invoices which form a part of the suit are dated

01.11.14, 22.10.13, 12.06.12 and 10.12.11. In
March 2015, when issues were framed, Vikas
Law House found that Legal Remedies owes
another sum of Rs. One lac by way of invoice
dated 05.12.11. The counsel for Vikas Law
House files an application under order VI Rule
17 for amendment of the suit in order to include
the left over invoice. Draft an appropriate reply
to the application under order 6 rule 17 on
behalf of Legal Remedies.
Prerita Aggarwal

33.
Jain Book Agency in Connaught Place
regularly supplies newspapers, books and
periodicals to business entities. Creative
Solutions is a consultancy having an office at
Statesman House, Kasturba Gandhi Marg, New
Delhi. Creative Solutions approach Jain Book
Agency on 28 June 2014 for supply of
newspapers,
magazines
and
periodicals
beginning the month of July 2014. As per the
terms of contract, Creative Solutions deposited
an advance of Rs. 50,000/- through a post
dated cheque for July 29, 2014 which Jain Book
Agency accepted. On deposit the cheque was
returned dishonoured by Jain Book Agencys
bankers. Jain Book Agency is advised to file a
suit for recovery of the total outstanding
amount of Rupees Seventy five thousand from
Creative Solutions. Draft an appropriate suit for
recovery on the above facts specifying the
territorial and pecuniary jurisdiction of the court
in which the suit will be filed and the court fee
to be paid.

AshutoshUttarwar

34.
Jain Book Agency in Connaught Place
regularly supplies newspapers, books and
periodicals to business entities. Creative
Solutions is a consultancy having an office at
Statesman House, Kasturba Gandhi Marg, New

Delhi. Creative Solutions approach Jain Book

Agency on 28 June 2014 for supply of
newspapers,
magazines
and
periodicals
beginning the month of July 2014. Jain Book
Agency insisted on an advance before
commencing
supply.
Creative
Solutions
deposited an advance of Rs. 50,000/- through a
post dated cheque for July 29, 2014 which Jain
Book Agency accepted. On deposit the cheque
was returned dishonoured by Jain Book
Agencys bankers. Jain Book Agency does not
want to do any more business with Creative and
wants a speedy remedy to recover the total
outstanding amount of Rupees Seventy five
thousand from Creative Solutions. Prepare the
appropriate filing for Jain Book in the above
facts and circumstances in the correct
jurisdiction.
Srishti Jain

35.
A suit for possession filed by one X
against Y and Z is pending in Karkardooma
courts since 2009, seeking eviction of Y and Z
from a House property in Trilok Puri. Z who is
the unmarried sister of Y is bed ridden and
paralysed since 2008. Z was looking after the
family affairs for several years till she fell sick.
The court decrees the suit in favour of X on
01.02.2014. After the decree of eviction is
passed Z dies. On 03.03.2014, Y files a petition
for obtaining a succession certificate for
movable properties of Z. In the contents of the
petition Y also asks for permission of the Court
to break open the locker of Z which is situated
at P and S Bank at Patparganj, Delhi. The court
grants the prayer of Y and appoints a local
commissioner in whose presence the locker
shall be broken open. On 05.04.2014 on
breaking open the locker of Z, Y discovers
certain original conveyance papers. On a closer
look Y discovers that X had sold the said House

in Trilok Puri to Z in 2007 against a sale

consideration of 1,20,000/-. In the meantime an
execution for the decree of eviction dated
01.02.2014 has been filed by X. Y has
approached
you
for
advice.
Select
an
appropriate remedy and draft the necessary
papers for filing to the appropriate court on the
basis of the above facts including all
supplemental
proceedings.
Mention
the
necessary court fees. Assume the identities and
other necessary details.
TanviGoyal

36.
According to Section 34 of the
SARFAESI
Act,
no
civil
court
has
jurisdiction to try a matter which the DRT
has the power to decide under the
SARFAESI Act. Ms. Q avails a housing loan
against security of her house from TUDOR
Finance at Nehru Place. Q is unable to make
payment against the loan amount and her loan
is recalled by TUDOR Finance. TUDOR Finance
initiates SARFAESI proceedings against Q.
Instead of approaching DRT, Q approaches ADJ,
Saket Courts in a Suit for Injunction against
TUDOR Finance along with an application for
interim relief under Order 39 rules 1 and 2 CPC.
The ADJ, Saket grants an interim injunction
against TUDOR Finance. TUDOR Finance is
aggrieved by the Order of the ADJ and has
approached
you
for
advice.
Select
an
appropriate remedy and draft the necessary
papers for filing to the appropriate court on the
basis of the above facts including all
supplemental
proceedings.
Mention
the
necessary court fees. Assume the identities and
other necessary details.

Priyash Sharma

ShubhamGoyal

37. Airconnect is an airline having its head office in

Bangaluru. Fly Smart is a General Sales Agent

(GSA) of Airconnect for North India having its
Regd. Office in New Delhi. Due to the
cancellation of its licence by Ministry of Aviation,
Airconnect shuts down its flights abruptly.
Consequently, Fly Smart is saddled with a huge
outstanding debt from Airconnect on account of
refund towards the cancelled tickets. Fly Smart
has to recover a total sum of Rs. 25 lacs as per
refund vouchers and has approached you for
advice. Select an appropriate remedy and draft
the necessary papers for filing to the
appropriate court on the basis of the above
facts including all supplemental proceedings.
Mention the necessary court fees. Assume
other necessary details.
38.
Section 8 of the Arbitration and
Concilliation Act 1996 states that no suit
shall be entertained by the civil court when
there is an arbitration clause between the
parties, and the Court shall refer the
parties to arbitration. Airconnect is an airline
having its head office in Bangaluru. Fly Smart is
a General Sales Agent (GSA) of Airconnect for
North India having its Regd. Office in New Delhi.
Airconnect has an agreement with its GSA
signed at Bengaluru, which has a dispute
resolution clause which clearly states that all
disputes between the parties shall be resolved
by way of arbitration. Due to the cancellation of
its licence by Ministry of Aviation, Airconnect
shuts down its flights abruptly. Consequently,
Fly Smart is saddled with a huge outstanding
debt from Airconnect on account of refund
towards the cancelled tickets. Fly Smart has to
recover a total sum of Rs. 25 lacs as per refund
vouchers and has filed a suit for recovery
against Airconnect at New Delhi. Airconnect is
aggrieved by the suit filed by Fly Smart at New

Delhi. Prepare appropriate filing/s under the

relevant provisions of CPC to challenge the suit.
Astha

39.
Air Waves is a telecom company which
has several franchisees in Western India. The
head office of Air Waves is at Mumbai. Peter Pan
Communications with its head office at
Ahemdabad is a Franchisee of Air Waves vide
agreement dated 01.04.2009 signed at Mumbai.
Pursuant to the cancellation of 2G licences by
the order of the Honble Supreme Court dated
Feb 2, 2012, Air Waves loses its licence and is
unable to sustain its business. Consequently,
Peter Pan communications is saddled with
several unpaid invoices viz dated 15.10.10 for
Rs. 39,000, dated 25.12.2010 for Rs. 45,000,
dated 15.01.2011 for Rs. 50,000 and thereafter
for Rs 1 lac per month from 15.02.2011 upto
June 2012 from Air Waves. Despite the order of
Supreme Court, the telecom companies were
hopeful of a different outcome and Air Waves
has issued written assurance to its associates
that it would fulfil all commitments. However, it
was unable to do so. Left with no choice in Dec
2013,
Peter
Pan
Communications
has
approached you for an appropriate remedy.
Initiate the necessary proceedings in the correct
jurisdiction with appropriate filing on behalf of
Peter Pan for its claim against Air Waves.

DiwakarChakravorty

40.
Ashok who lives in Solan has filed a
petition in Solan Courts for restitution of
conjugal rights against his wife Mohini who lives
in Dharamshala with their little son Amitabh and
her parents. Mohini is a school teacher and has
filed for divorce in Dharamshala. She finds it
expensive to travel to Solan on each date of
hearing of restitution proceedings. Mohini has
engaged you for advice regarding her
predicament. Decide a remedy and draft the

necessary papers for Mohini under the relevant

provision/s of law to be filed in the relevant
court.
Shivangi Agarwal

41.
A suit for recovery was filed by Apollo
Hospital
against
Ranbaxy
Pharma
on
02.02.2013 and the court by way of an interim
order dated 05.05.14 directed Ranbaxy Pharma
to deposit Rs. 3.5 lacs which is the admitted
amount with Apollo Hospital. The sum was
deposited on 01.06.2014. A money decree for
an Amount of Rs. 19,00,000/- along with
interest @ 18% p.a from the date of filing and
legal costs and expenses of Rs. 65,000/- is
passed by the Court of Additional District Judge,
New Delhi, Saket Courts in favour of Apollo
Hospital on Jan 31, 2015. Despite several
reminders and notices Ranbaxy Pharma does
not pay the decretal amount to Apollo Hospital.
Draft a petition for execution for Apollo Hospital
in the appropriate court. Assume other
necessary details.

AkashTomar

42.
A suit for injunction was filed by Nathu Pal
Singh of Trilokpuri against BSES Yamuna Power
Limited on 02.05.2011 before Civil Judge, Delhi,
Karkardooma Courts, seeking injunction from
recovery of demand raised for alleged theft of
electricity. The court while granting interim
injunction against disconnection by way of order
dated 05.05.11 directed Nathu Pal Singh to
deposit Rs. 3.5 lacs with the electricity
company. In Dec 2014, the court allowed the
suit and quashed the bill, however failed to
make any order regarding the amount deposited
on 12.05.11 by Nathu Pal Singh pursuant to the
conditional injunction. Advice Nathu Pal Singh
and prepare an appropriate application/ petition
on his behalf.

Shaurya Gupta

43.
MGR Developers has its head office at
Delhi and is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers at their site office
at the proposed township, a receipt is issued to
him
against the earnest money received and
possession is promised within three years. In
the meantime, Raghav is expected to raise a
loan and pay 80% of balance cost towards the
Villa within two months of the deposit. Raghav
is unable to raise a loan because he is informed
that the project is not approved by the
authorities. After two and half months of
depositing the earnest money, Raghav receives
a letter of cancellation and forfeiture of Earnest
money from MGR Developers. Raghav is
shocked at the contents of the letter and
contacts the management of MGR Developers
but does not receive any response from them.
Raghav wants to file a suit for recovery against
MGR Developers along with damages and
compensation. Determine the suit amount and
draft the suit along with a list of necessary
documents for filing in the appropriate
jurisdiction and indicate the necessary court
fees.

Shantanu Tiwari

44.
MGR Developers has its head office at
Chandigarh, branch office in Vasant Kunj, New
Delhi and is building a township in Cybercity,
Gurgaon where it has a site office. Raghav is an

employee with a Delhi based law firm and plans

to invest in a Villa in the township being built by
MGR Developers after seeing a sample villa at
the site. Raghav is informed that a Villa will cost
him 3 Crores and Raghav will have to pay 10
Lacs as earnest Money at the time of booking of
the Villa and 80% of the balance cost within
three months of booking. Raghav agrees to this
stipulation and signs the contract with MGR
Developers at their site office at the proposed
township on 02.02.2014, a receipt is issued to
him against the earnest money received and
possession is promised within three years. In
the meantime, Raghav is expected to raise a
loan to pay the entire amount towards the Villa.
However, even after four months of depositing
the earnest money, Raghav did not pay the 80%
amount. Raghav receives a letter of cancellation
and forfeiture of Earnest money from MGR
Developers on 01.07.14. Raghav is shocked at
the contents of the letter and contacts the
management of MGR Developers but does not
receive any response from them. Raghav has
filed a suit for specific performance and in the
alternative for recovery along with damages at
Saket Courts, New Delhi on September 3, 2014
with Rs. 500 as court fees. Draft an appropriate
response to this suit on behalf of MGR
Developers.
Vatsala Singh

45.
MGR Developers has its head office at
Delhi and is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the

contract with MGR Developers at their site office

at the proposed township, a receipt is issued to
him against the earnest money received and a
promise to hand over possession in three years
time. In the meantime, Raghav is expected to
raise a loan and pay 80% of balance cost
towards the Villa within two months of the
deposit. Raghav is unable to raise a loan
because he is informed that the project is not
approved by the authorities. After two and half
months of depositing the earnest money,
Raghav receives a letter of cancellation and
forfeiture of Earnest money from MGR
Developers. Raghav is shocked at the contents
of the letter and contacts the management of
MGR Developers but does not receive any
response from them. Raghav files a suit for
recovery and the court decrees the suit in
favour of Raghav. A few months later Raghav is
advised by an advocate that he should have
prayed for interest on the earnest money
deposited by him with MGR Developers. Raghav
prefers a suit praying for recovery of interest on
the decretal amount granted in the earlier suit.
MGR Developers has approached you for advice.
Draft the WS for MGR taking the necessary
objections.
Purva Sehgal

46.
MGR Developers is building a township in
Cybercity. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the
contract with MGR Developers who issue him a
receipt against the earnest money and promise
to hand over possession in three years time. In

the meantime, Raghav is expected to raise a

loan and pay the entire amount towards the
Villa. Raghav approached ICPT Bank for a loan.
The loan is sanctioned in favour of Raghav and
ICPT Bank disburses the entire loan amount to
MGR Developers on behalf of Raghav. Raghav
writes to MGR Developers for issuance of
allotment letter in his favour. But MGR
Developers fail to do the same. Raghav sends
them a reminder and waits patiently. After
passing of one and half years Raghav meets the
MD of MGR Developers who assures him that
the letter shall be issued soon. In the
meantime, Raghav starts defaulting in his
repayment of loan amount and his loan amount
is classified as NPA / Bad / Non paying /
irregular account. After passing of six more
months Raghav decides to file a suit for
recovery against MGR Developers. The Court
issues a notice to MGR Developers and they
appear before the Court and file a written
statement. In the meantime, ICPT Bank gains
knowledge of the subject suit from MGR
Developers. ICPT Bank wishes to join the
proceedings in the subject suit since the loan
amount against the subject Villa has been
disbursed by ICPT Bank. Draft an appropriate
application for ICPT Bank under the relevant
provisions of law.
Eshan Ghosh

47.
MGR Developers with its head office in
New Delhi is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest
Money at the time of booking of the Villa.
Raghav agrees to this stipulation and signs the

contract with MGR Developers at the Vasant

Kunj, New Delhi office, who issue him a receipt
against the earnest money and promise to hand
over possession in three years time. In the
meantime Raghav is expected to raise a loan
and pay 80% of the balance cost towards the
Villa. Raghav approached ICPT Bank, New Delhi
for a loan. The loan is sanctioned in favour of
Raghav and ICPT Bank disburses the necessary
sum to MGR Developers on behalf of Raghav.
Raghav writes to MGR Developers for issuance
of allotment letter in his favour. But MGR
Developers fail to do the same. In the
meantime Raghav starts defaulting in his
repayment of loan amount and his loan amount
is classified as NPA / Bad / Non paying /
irregular account. Raghav decides to file a suit
for recovery against MGR Developers in Delhi
High Court. The Court issues a notice to MGR
Developers and they appear before the Court
and file a written statement. The court decrees
the suit in favour of Raghav on 15.02.15. ICPT
Bank gains knowledge of the decree in favour of
Raghav. Aggrieved by the decree in favour of
Raghav, ICPT Bank which has actually made the
payment against the subject Villa to MGR
Developers has approached you for advice.
Prepare the requisite draft to initiate whatever
proceedings are necessary on behalf of the
bank, in the appropriate court, indicating the
court fee and the period of limitation, if any.
Anish Vohra

48.
MGR Developers with its head office in
New Delhi is building a township in Cybercity,
Gurgaon. Raghav is an employee with a Delhi
based law firm and plans to invest in a Villa in
the township being built by MGR Developers.
Raghav contacts MGR Developers and is
informed that a Villa will cost him 3 Crores and
Raghav will have to pay 10 Lacs as earnest

Money at the time of booking of the Villa.

Raghav agrees to this stipulation and signs the
contract with MGR Developers at the Vasant
Kunj, New Delhi office, who issue him a receipt
against the earnest money and promise to hand
over possession in three years time. In the
meantime Raghav is expected to raise a loan
and pay 80% of the balance cost towards the
Villa. Raghav approached ICPT Bank (Mumbai),
with its branch at Bhikaji Cama Place, New Delhi
for a loan. The loan is sanctioned in favour of
Raghav and ICPT Bank disburses the necessary
sum to MGR Developers on behalf of Raghav.
Raghav writes to MGR Developers for issuance
of allotment letter in his favour. But MGR
Developers fail to do the same. In the
meantime Raghav starts defaulting in his
repayment of loan amount and his loan amount
is classified as NPA / Bad / Non paying /
irregular account. Raghav decides to file a suit
for recovery on 02.01.2013 against MGR
Developers in Delhi High Court making the Bank
a proper party, however giving the address of
the Head office of the Bank at Mumbai. Raghav
has concealed that he has defaulted in
repayment to the bank and the bank has
initiated separate proceedings against him. The
Court issues a notice to both defendants at the
address provided by Raghav. MGR Developers
appears before the Court and files a written
statement. The Bank does not appear despite
service at Mumbai and is proceeded against
exparte on 05.04. 2013. The court decrees the
suit in favour of Raghav on 31.10.2014. On or
about 15.11.2014, ICPT Bank, Bhikaji Cama
Place Branch is informed by the builder,
regarding the decree in favour of Raghav.
Aggrieved by the order of the Court, ICPT Bank
which has actually made the payment against
the subject Villa to MGR Developers has
approached you for advice. Prepare the

requisite draft to initiate whatever proceedings

are necessary on behalf of the bank, in the
appropriate court, indicating the court fee and
the period of limitation, if any.
Vijiya Singh

49.
Harish Pant resident of Anand Vihar, Delhi
is reconstructing his house property to make an
extra floor and a basement in his house.
Santosh Singh the adjoining resident finds that
due to the construction activities being carried
out next door cracks are appearing in the walls
of his house. On further investigation he also
finds that a basement is not allowed in the area
as per building byelaws. There are many other
violations which are likely to weaken the
structure of Santosh Singhs house. However,
the MCD is not taking any action despite many
requests orally and in writing. Santosh Singh
has approached you for advice. Draft a suitable
plaint on his behalf against the concerned
persons to be filed in the court of appropriate
jurisdiction, indicating the court fee paid.
Enclose a list of supporting documents.

MehaVerma

50.
Harish Pant resident of Anand Vihar, Delhi
is reconstructing his house property to make an
extra floor and a basement in his house which is
not permitted as per building byelaws. Santosh
Singh apprehends damage to his house and has
written to the MCD who have not taken any
action. Santosh Singh has filed a suit in the
court of appropriate jurisdiction. During the
pendency of the suit, Santosh Singh found that
cracks are appearing in the walls of his house
and water is seeping through the walls of his
house. Despite requests the persons working on
the premises are not allowing him to enter the
premises to see what construction is being
carried on inside and Harish Pant is avoiding all
contact. You are the counsel prosecuting the

case, draft necessary application/s for urgent

relief in the suit.
Nikita Sharma

51.
Santosh Singh resident of Anand Vihar,
Delhi is reconstructing his house property to
make an extra floor and a basement in his
house which is not permitted as per building
byelaws. Harish Pant apprehends damage to his
house and has written to the MCD who have not
taken any action. Harish Pant has filed a suit in
the court of appropriate jurisdiction. The Court
has restrained Santosh Singh from carrying out
any further construction and maintain status
quo till the disposal of the suit. Despite the
restraint order of the Court Santosh Singh is
continuing the construction activity. Draft an
application on behalf of Harish Pant against
violation of the court order under the relevant
provisions of CPC.

Kamal Taneja

52.
Shamsher Singh resident of Lajpat nagar,
New Delhi is reconstructing his house property
to make an extra floor and a basement in his
house. P.K Jain, owner of the adjoining house,
apprehending damage to his property has
written to the MCD who have not taken any
action. P.K Jain has filed a suit in the court of
appropriate jurisdiction claiming that the
construction is not permitted as per building
byelaws and that it is causing nuisance and that
the structure of his property will be weakened.
The Court restrains Shamsher Singh from
further construction during the pendency of the
suit. Shamsher Singh is aggrieved by the order
considering the same illegal and unjustified. He
wants to challenge the restraint order. File an
appropriate petition on his behalf under the
relevant provisions of CPC.

Sankalp Singh

53.
Pritam Singh is in possession of certain
securities in the form of bonds and Kisan Vikas
Patras of a total value of Rs. 1.5 lacs and some
jwellery worth approximately one lac belonging
to his employee Sher Singh belonging to Ropar
who had placed the same with Pritam Singh for
safe keeping while in his employment in his
automobile work shop in Karol Bagh New Delhi.
Sher Singh died on Nov 30, 2014. One
Parminder Singh is claiming the securities and
valuables from Pritam Singh as the adopted son
of deceased Sher Singh. The valuables are also
being claimed by Jeet Kaur as the wife of the
deceased. Pritam Singh is aggrieved with being
stuck between the two claimants. Pritam Singh
desires to be freed from the responsibility of the
valuables. How will such relief be possible?
Determine a remedy and prepare the necessary
filing.

Ajitesh Singh

54.
Wood &Co., Timber merchants having
their head office at Ghazipur in Delhi have on
March 3, 2014 filed a suit for recovery of Rs. 16
lacs against Haribhai Patel resident and working
for gain at Ahemdabad, in District Court Tis
Hazari. Wood & Co. are claiming the price of
wooden sleepers supplied to Haribhai April 2012
to Dec 2013 by way of ten invoices filed with
the plaint. The goods were duly received at
Haribhais factory at Ahemdabad. Hari bhai Patel
claims he has supplied fifteen lacs worth of
finished wooden articles to the show room of
the plaintiff at Mumbai for which he has the
necessary invoices and delivery receipts. He is
claiming a further adjustment of Rs. Three lacs
towards costs, expenses and defective goods by
way of credit notes issued by the plaintiff. Draft
an appropriate response on behalf of Haribhai
alongwith the list of supporting documents.

Swayam

55.
Forest Essentials, Timber merchants
having their head office at Faridabad have on
March 3, 2015 filed a suit for recovery of Rs. 16
lacs in District Court Tis Hazari against Neel
Kamal Traders working for gain at Ahemdabad.
Forest Essentials are claiming the price of
wooden sleepers supplied to Hiren Shah, sole
proprietor of Neel Kamal Traders in April 2012
to Dec 2013 by way of ten invoices filed with
the plaint. The invoices have been issued at the
factory of the plaintiff Co. in Rewari from where
the goods were despatched. The goods were
received at Hiren bhais factory at Ahemdabad.
It is the plaintiffs case that the order for the
goods was telephonically placed in the
marketing office in Delhi, however, no
documentary proof has been annexed. Hiren
bhai claims he has supplied ten lacs worth of
furniture to the show room of the plaintiff at
Mumbai for which he has shown you the
necessary invoices and delivery receipts. He is
claiming a further adjustment of Rs. Three lacs
towards costs, expenses and defective goods for
which he has shown you credit notes issued by
the plaintiff. Hiren bhai was advised by a lawyer
in Ahemdabad that the suit is not maintainable
in Tis Hazari, however, he wants to pay the
admitted liability of Rs. Three lacs in court, not
wanting to incur any interest on that sum.
Draft the necessary application/s on behalf of
Haribhai Patel.

Arshiya Mehta

56.
Sudipto Banerjee has been living in a
rented first floor with his two friends Srinath
and Ravi Majumdar in Mukherji Nagar for Rs.
8000 per month for the past two years
preparing for various competitive exams. There
is no written rent agreement. The landlord Sh.
P.K Jain who lives on the ground floor wanted
higher rent which Sudipto and his friends were

not willing to pay. The landlord has filed a suit

for possession without any prior notice claiming
that the boys are paying guests. Sudipto has
shown you monthly receipts for Rs. 8000/- for
the past years, MTNL fixed line bills in his name,
installation receipt of dish antenna on the first
floor in his name, receipts for electricity bills
paid by him for the first floor meter (meter in
the name of landlord). Sudipto and his friends
are constantly being harassed by the landlord,
who deliberately locks the outer gate, when the
boys are at coaching. He has also tampered
with the water tank on the terrace making the
boys life miserable. They are constantly
threatened that he will throw their belongings
on the road. Draft an appropriate response to
the suit on behalf of Sudipto and his friends
along with a suitable remedy against the
harassment.
AshutoshUpadhyaya

57.
Your client Sh. P.K Jain has given out the
first floor of his house in Mukherji Nagar @ Rs.
8000 per month for the past two years to
Sudipto Banerjee, Srinath and Ravi Majumdar
who are preparing for various competitive
exams and sharing the accomodation. Sh. P.K
Jains wife prepares breakfast and dinner for the
boys for which they pay separately. There is no
written agreement. However, your client has
regularly been issuing receipts towards the
monthly payments in the name of Sudipto
Banerjee. Your client wants more money as
similar properties in the area are fetching nearly
Rs. 15,000 per month, which Sudipto and his
friends were not willing to pay. The boys have
got installed an MTNL fixed line and bills are
being received in the name of Sudipto. The boys
have their separate dish antenna on the first
floor. The boys pay for electricity consumption
as per bills for the first floor meter in the name

of Sh. P.K Jain. Your client and his family are

very harassed, disturbed and apprehensive, as
there are boys and girls constantly camping on
the first floor and coming and going at all hours.
Despite several requests, the boys are not
vacating the premises. Draft an appropriate
plaint and an application for interim relief on
behalf of Sh. P. K Jain for filing in the court of
appropriate jurisdiction.
AkashSarna

58.
Z files a suit for possession against Y and
S in 2014, seeking their eviction from House no.
2, Karol Bagh, New Delhi. S who is the
unmarried sister of Y is bed ridden and
paralysed. S is older to Y and was looking after
the family affairs for several years till she fell
sick. She died during the pendency of the case.
It is Ys case that S had purchased the house
from Z in 2007 against a sale consideration of
1,20,000/-. Y filed two depositions of A and B
who claimed to be witnesses to the sale
transaction. Z in his evidence is relying on an
unstamped lease deed which the court has
taken on record vide order dated Mar 3, 2014. Y
sought time to search out the sale deed from
his sisters effects which is declined by the court
vide the same order on the ground that the
evidence has already been led and no further
time can be granted. Y has located the sale
deed from his deceased sisters locker and
wants to challenge the order of March 3. Draft
an appropriate petition on Ys behalf.
59.
Anand Prakash and Brahm Dutt are
owners of adjacent houses in Malviya Nagar,
Delhi. Anands house is higher than Brahm
Dutts house. Through an upper storey window
Anand has enjoyed light and air for 30 years
peaceably as an easement. Brahm Dutt starts to
build another storey to his house. Anand

apprehends that the light and air enjoyed by

him through the window will be cut off, if Brahm
Dutt is allowed to build another storey to his
house. Prepare a suit on behalf of protecting his
right of easement of light and air through the
window and restraining Brahm Dutt from adding
another storey to his house or interfering with
his right to light and air in any other manner.
Draft any other application for interim relief
which
you
feel
is
necessary
in
the
circumstances.
60.
Anand Prakash and Brahm Dutt are
owners of adjacent houses in Malviya Nagar,
Delhi. Anands house is higher than Brahm
Dutts house. Through an upper storey window
Anand has enjoyed light and air for 30 years
peaceably as an easement. Brahm Dutt starts to
build another storey to his house. Anand
apprehends that the light and air enjoyed by
him through the window will be cut off, if Brahm
Dutt is allowed to build another storey to his
house. Anand has filed a suit for protecting his
right of easement of light and air through the
window and restraining Brahm Dutt from adding
another storey to his house or interfering with
his right to light and air in any other manner. An
application for temporary injunction has also
been filed. Draft a written statement in the suit
and a reply to the injunction application

61.
Anand Prakash has filed a suit for partition
of their residential house against his brother
Brahm Prakash. Brahm Prakash and his wife
Arunima die in an accident pending the suit
leaving behind their minor son Atul who is now
in the care and custody of Anand Prakash. Draft
the necessary application/s so that the suit may

continue and be duly adjudicated.

62.
Rashmi Chopra took a personal loan of Rs.
3.5 lacs from Easy Finance Pvt. Ltd. (EFPL). She
failed to repay the loan and EFPL has filed a suit
for recovery of Rs. 5 lacs (principal and interest)
against Rashmi Chopra before Civil Judge, Tis
Hazari courts. On 05.01.15 when the case was
fixed for hearing, the counsel for EFPL did not
appear and the suit was dismissed in default.
The counsel filed an application for setting aside
the order dated 05.01.15, stating that he had
inadvertently noted a wrong date of hearing.
The court was not satisfied with the argument
of the counsel especially since no evidence in
support had been filed. The application was
dismissed by the Civil Judge on 05.02.15. EFPL
is aggrieved by the conduct of the lawyer and
has removed him from their panel of lawyers.
You have been approached on 07.03.15 to take
the necessary legal recourse against the order
dated 05.02.15 of the Civil Judge. Prepare the
required filing.