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IN THE COURT OF MS. CHITRANSHI ARORA;
LD. C.J.; DISTT. SOUTH-WEST, DWARKA COURTS, NEW DELHI.
CS SCJ NO. ___ OF 2023.
IN THE MATTER OF: -
_________________ :
PLAINTIFF
VERSUS
_______________ :
DEFENDANT
N.D.O.H.: - ___.__.2024
APPLICATION ON BEHALF OF THE
PLAINTIFF AGAINST THE DEFENDANT UNDER ORDER XII RULE 6 READ WITH SECTION 151
C.P.C.
1.
That the
plaintiff filed a suit before this hon’ble court for suit for
recovery of Rs. ______/- (_________) 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 _______ paid an amount
of Rs. _____ in cash to plaint at
3.
_____, sec-_____
and asked the plaintiff to return back the cheque so that the balance amount of
Rs. _____ is paid back to him through ______. 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. ___/- Lakh.
4.
That the
plaintiff filed on record inter alia the following documents:-
i.
Cheque
Bearing No. ____ Dated ____.
ii.
Returning Memo dated _______ & _____.
iii.
Copy of Pass Book.
iv.
Police Complaint Dated ______.
5.
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.
6.
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 ____ 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 ____ paid an
amount of rs. _____ in cash to plaint at _____, ___, _____ and asked the
plaintiff to return back the cheque so that the balance amount of Rs. ___ is
paid back to him through ___ 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. ____. The
defendant asked the plaintiff to giver the undertaking regarding the receipt of
Rs. ____ and he will not misuse the cheque if found on the later stage and also
give a receipt towards the balance amount of Rs____ 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. ______ 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 ____,
paid an amount of Rs. ____ in cash to plaint at ________ and asked t5he
plaintiff to return back the cheque so that the balance amount of Rs. ___ 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. ___. The defendant
asked the plaintiff to give an undertaking regarding the receipt of RS ____ and
he will not misuse the cheque if found on the later stage and also give a
receipt towards the balance amount of RS ____ 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 ______and the defendant was ready to pay
the balance amount of RS ______against the total amount of rupees ______.
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 ______and the defendant was ready
to pay the balance amount of rupees ______against the total amount of rupees ______.
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 ______is claimed Rs ______
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 ______/- 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 ______ but later on the
back tracked from the deal thereby causing the breach of contract. It is
submitted that the plaintiff despite receiving an amount of rupees ______is claiming
Rs ______ through the cheque in question.
7.
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.
8.
It is submitted that in entire written
statement of the defendant, the answering defendant later in the month of march
___ paid an amount of Rs. ______in cash to plaint at _______ and asked the
plaintiff to return back the cheque so that the balance amount of Rs. ______is
paid back to him through RTGS.
9.
It
is well settled that if there is admission of paid an amount of Rs. ______in
cash to plaint at ________ 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.
10.
That
it is thus clear that the Plaintiff has made out a complete case entitles for
his amount of Rs. ______immediately and the Plaintiff’s case stands admitted
expressly and impliedly as stated herein above. The Plaintiff is thus entitled
to judgment forthwith.
11.
That
this application is made bonafide based on the admissions in Defendant written
Statement.
12.
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. ______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:
___________________
ADVOCATES
Mob.No. ____________________
Email: _____________________
IN THE COURT OF MS. CHITRANSHI ARORA;
LD. C.J.; DISTT. SOUTH-WEST, DWARKA COURTS, NEW DELHI.
CS SCJ NO. ___ OF 2023.
IN THE MATTER OF: -
________________ :
PLAINTIFF
VERSUS
________________ :
DEFENDANT
AFFIDAVIT
Affidavit of Mr. _____, aged about ___ years, S/o Sh. ____________, New
Delhi-110059, 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, ___, 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
