IN THE COURT OF XXXX; LD. C.J.; DISTT. SOUTH-WEST, DWARKA COURTS, NEW DELHI.

CS SCJ NO. 75 OF 2023.

IN THE MATTER OF: -

**************                                          : PLAINTIFF

VERSUS

*****************                                               : DEFENDANT

N.D.O.H.: - 21.10.20**

APPLICATION ON BEHALF OF THE PLAINTIFF AGAINST THE DEFENDANT UNDER ORDER XII RULE 6 READ WITH SECTION 151 C.P.C.

MOST RESPECTFULLY SHOWETH:-

1.              That the plaintiff filed a suit before this hon’ble court for suit for recovery of Rs. 2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) along with Pendelite and Future Interest.

2.              That the Defendant filed his Written Statement.  On perusal of the written statement it is found that it contains admissions of facts that the answering defendant later in the month of March 2023 paid an amount of Rs. 1 lakh in cash to plaint at ***************** Punjab and asked the plaintiff to return back the cheque so that the balance amount of Rs. 1 Lakh is paid back to him through RTGS. The written statement does not contain specific denials. Moreover, denials wherever done are also evasive. In fact, there is no specific denial, expressly or by necessary implication, of all those facts, which permit the Plaintiff to obtain the relief of recovery of Rs. 1,00.000/- Lakh.

3.              That the plaintiff filed on record inter alia the following documents:-

i.    Cheque Bearing No. 02********** Dated 26.0*****

ii.  Returning Memo dated 29.***** & 25.******

iii. Copy of Pass Book.                                                                                                                                                                                                                               

iv. Police Complaint Dated 25.*****

4.              That it is obvious that no material facts urged by the plaintiff have been disputed and that the suit deserves to be decreed on the admissions made by the defendant in his written statement.

5.              That the defendant has admitted clearly, comprehensively, unequivocally and unconditionally that in paras 6,8,12,13 &14 of the parawise reply of his written statement which read as under: -

Para-6 : That the contents of para no. 6 of the plaint are wrong and denied. It is submitted that the defendant did not wanted to have any litigation with respect to the said deal hence the answering defendant issued a blank cheque as a security to refund the amount of rupees 2 lakh so that the defendant is able to arrange the money to be paid back to the plaintiff. It is further submitted that the answering defendant later in the month of the march 2023 paid an amount of rs.1 lakh in cash to plaint ***********************, Punjab and asked the plaintiff to return back the cheque so that the balance amount of Rs. 1 lakh is paid back to him through RTGS. It is submitted that the plaintiff has started making excuses and stating that the cheque has been got misplaced by him and asked the answering defendant to pay the balance amount of Rs. 1 Lakh. The defendant asked the plaintiff to giver the undertaking regarding the receipt of Rs. 1 Lakh and he will not misuse the cheque if found on the later stage and also give a receipt towards the balance amount of Rs. 1 lakh which the defendant ready to pay the balance amount then and there. However, the plaintiff asked the defendant to give him some time to search the cheque again and he will come back with the undertaking incase the cheque is not found. It is submitted that the plaintiff instead of giving the undertaking presented the blank cheque without informing the defendant which come as shocked to the defendant. The defendant asked plaintiff as to why he has presented the cheque to the bank when it was agreed that the plaintiff will give an undertaking to return the cheque to which the plaintiff did not satisfactory replied and filed the present suit on false and fabricated ground.

Para 8: That the contents of para no. 7 of the plaint are wrong and denied. It is denied that the defendant is dishonestly and fraudulently issued aforementioned cheque in favour of the plaintiff. It is submitted that the defendant issued a blank cheque as a security to refund the amount of Rs. 2 Lakh so that the defendant is able to arrange the money to be paid back to the plaintiff. It is further submitted that the answering defendant later in the month of march 2023, paid an amount of Rs. 1 lakh in cash to plaint ************** Punjab and asked the plaintiff to return back the cheque so that the balance amount of Rs. 1 lakh is paid back to him through RTGS. It is submitted that the plaintiff has started making excuses and stating that the cheque has been misplaced by him and asked the answering defendant to pay the balance amount of Rs. 1 lakh. The defendant asked the plaintiff to give an undertaking regarding the receipt of RS 1 lakh and he will not misuse the cheque if found on the later stage and also give a receipt towards the balance amount of RS 1 lakh which the defendant was ready to pay balance amount then and there. However, the plaintiff asked the defendant to give him some time to search the cheque again and he will come back with the undertaking in case the cheque is not found. It is submitted that plaintiff instead of giving the undertaking presented the blank cheque without informing the defendant which come as as shocked to the defendant.

Para-9: That the contents of para-9 of the plaint are wrong and denied it is the plaintiff who had cheated the defendant by presenting the blank cheque to his bank despite receiving an amount of RS 1 lakh and the defendant was ready to pay the balance amount of RS 1 lakh against the total amount of rupees 2 lakh.

Para-12: That the contents of para no. 12 of the plaint are wrong and denied. It is the plaintiff who had cheated the defendant by presenting the blank cheque to his bank despite receiving an amount of Rs 1 lakh and the defendant was ready to pay the balance amount of rupees 1 lakh against the total amount of rupees 2 lakh.

Para-13: That the contents of para no 13 of the plaints are wrong and denied. It is submitted the plaintiff has caused breach of contract for which the defendant has put to loss as the commission towards the sale of vehicle has been deprived and the plaintiff despite receiving an amount of 1 lakh is claimed Rs 2 lakh through cheque in question which was given as security towards the refund of Rs. 1 lakh.

Para-14: That the contents of para no 14 of the plaints are wrong and denied. It is denied that till date due amount of Rs 250000/- is payable by the defendant to the plaintiff along with interest. It is submitted that the deal between the plaintiff was in regard to the purchase of the car by the plaintiff and in pursuance of the same the plaintiff advanced a sum of Rs 2 lakh but later on he back tracked from the deal thereby causing the breach of contract. It is submitted that the plaintiff despite receiving an amount of rupees 1 lakh is claiming Rs 2 lakh through the cheque in question.

6.              That the defendant has admitted clearly, comprehensively, unequivocally and unconditionally that in paras 6,8,12,13 &14 of the para-wise reply of his written statement. Rather, there is clear admission of the contents of these paragraphs the said fact is an unequivocal admission on the part of the defendant and are the matter of record.

7.              It is submitted that in entire written statement of the defendant, the answering defendant later in the month of march 2023 paid an amount of Rs. 1 Lakh in cash to plaint at ************ Punjab and asked the plaintiff to return back the cheque so that the balance amount of Rs. 1 lakh is paid back to him through RTGS.

8.              It is well settled that if there is admission of paid an amount of Rs. 1 lakh in cash to plaint at **********, Punjab and acknowledged by the defendant being obtained by the plaintiff, the decree can be passed by the Court in favor of the plaintiff as against the defendant. In this behalf, Section 91 and 92 of the Indian Evidence Act, 1872 need no elaboration. Hence the written statement discloses no defense and such pleas have been set up only in an attempt to protract and delay the trial. Hence the defendant has no defense and the pleas set up by the defendant are illusory and moonshine.

9.              That it is thus clear that the Plaintiff has made out a complete case entitles for his amount of Rs. 1 Lakh immediately and the Plaintiff’s case stands admitted expressly and impliedly as stated herein above. The Plaintiff is thus entitled to judgment forthwith.

10.           That this application is made bonafide based on the admissions in Defendant written Statement.

11.           That it is just and proper that in order to save costs and judicial time of this Hon’ble Court that the present application will be considered.

PRAYER

In view of the above, the Plaintiff hereinabove, on the basis of admissions, prays as under:

(a)           Pass a decree for recovery of an amount of Rs. 1 Lakh in favour of the Plaintiff and against the Defendant, in the interest of justice.

(b)          Award the cost of the suit to the Plaintiff; and

(c)           Pass any other relief in favour of Plaintiff and against the Defendant as this Hon’ble Court may deem fit and proper in the interest of justice.

DELHI                                                                                                                                                                                            PLAINTIFF

THROUGH

DATED:

****** SHARMA

ADVOCATES

Office**********

Email: **

IN THE COURT OF ***********; LD. C.J.; DISTT. SOUTH-WEST, DWARKA COURTS, NEW DELHI.

CS SCJ NO. ** OF 20**.

IN THE MATTER OF: -

*************                                  : PLAINTIFF

VERSUS

**************                                          : DEFENDANT

AFFIDAVIT

Affidavit of Mr***, aged about ** years, S/o Sh. ***** R/o A-******************, do hereby solemnly affirm and declare as hereunder: -

1.                  That I, the Plaintiff, in the above noted case and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2.                  That the accompanying application under Order XII Rule 6 r/w Section 151 C.P.C has been drafted by my counsel on my instructions and explained to me in vernacular language and the facts stated therein are correct and true to my knowledge and belief and may be read as part and parcel of the present affidavit as the same are not repeated here for the sake of brevity.  

DEPONENT

VERIFICATION :-

Verified at New Delhi on this ___, day of October, 2024, that the contents of the above affidavit are true and correct to my knowledge and no part of it is false thereof and nothing material has been concealed therefrom.

                                                                    DEPONENT