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IN
THE COURT OF MS. VANDANA; LD. ADJ-08;
DIST. CENTRAL; TIS
HAZARI COURTS, DELHI.
C.S. DJ NO. ____ OF
2020.
IN
THE MATTER OF:
_____________________ :
PLAINTIFF
VERSUS
___________________ :
DEFENDANT
N.D.O.H.: ___________
1.
REPLY ON BEHALF OF THE PLAINTIFF TO THE APPLICATION FOR LEAVE
TO DEFEND FILED BY THE DEFENDANT. WITH
AFFIDAVIT.
2.
REPLY TO APPLICATION FOR
CONDONATION OF DELAY. WITH AFFIDAVIT.
--------------------------------------------------------------------------------------
DELHI PLAINTIFF
DATED: THROUGH
____________________
ADVOCATE
__________________________,
New
Delhi-110015
Mob.No_____________________
Email: ____________________
IN
THE COURT OF MS. VANDANA; LD. ADJ-08;
DIST. CENTRAL; TIS
HAZARI COURTS, DELHI.
C.S. DJ NO. 202 OF
2020.
IN
THE MATTER OF:
____________________________ : PLAINTIFF
VERSUS
____________________ :
DEFENDANT
N.D.O.H.: ______________
REPLY ON BEHALF OF THE PLAINTIFF TO THE APPLICATION FOR LEAVE
TO DEFEND FILED BY THE DEFENDANT.
MOST
RESPECTFULLY SHOWETH:
PRELIMINARY
OBJECTIONS:-
1. That
the present application is bundle of lies and misrepresentations and does not
make out any case for granting leave to defend the suit and is thus liable to
be dismissed with cost.
2. That on __________ the defendant has been
served the summons, since then he has been continuously appearing, but the
defendant entered the appearance finally on ___________ before this Hon’ble
Court, and present leave to defend application has been filed on __________
though time is to be calculated from _____________ for filing leave to defend.
On the last date of hearing i.e. on _________ Plaintiff submits that he has not
received the copy of the same and also submitted that he already shifted from
the previous address. On this Defendant undertakes to supply the copy of the
same again to the Plaintiff within 7 days from __________, but the Defendant
has also failed to supply the same to the present application under reply
within seven days as per direction of this Hon’ble Court despite the delay in
application for leave to defend the Defendant disobey the order of this Hon’ble
Court, as such the leave to defend filed by the defendant is time barred and
cannot be taken on the record. The defendants has filed an application to
condone the delay of 4 days on the grounds that on __________ the counsel for
the Defendant had suffered a severe muscle spasm leading to the complete
immobility of her right hand i.e. the dominant typing hand. The said
plea for condoning delay in filing the leave to defend is a false and made-up
plea. The present application is filed by the defendants on _________ which is
beyond the statutory period. The defendant has not come out with any proper or
substantial ground as to why, the defendant could not file the leave to defend within
the stipulated statutory period of 10 days as contemplated Order 37 Rule 3(5)
of CPC. The plaintiff is entitled to judgment and decree in his favour on this
ground alone.
3. That
even otherwise, defendant is not entitled to leave to defend and the same has
to be refused as leave to defend application does not disclose facts which
indicate that he has substantial defence. The application for leave to defend
has not disclosed any triable issue. Moreover, the defence intended to be put
up by the defendant is totally frivolous and vexatious.
4. It
is submitted that the defendant had been served with the summons of the case on
__________ address along with copy of plaint with annexures. It is however
stated that the plaintiff was not obliged and not required under law to supply
again once the copy of the plaint along with annexures has been supplied
initially at the time of summons of the suit to the defendant. The Defendant
also failed to file the leave to defend application within period of 10 days as
provided under Order 37 Rule 3(1) of CPC. That in view of the same, the defendant is not
entitled to leave to defend the suit and the plaintiff is entitled to judgment /
decree forthwith.
5. That
with time numerous issued were faced by the Plaintiff as the Defendant had
failed to remit the payment of any amount whatsoever to the Plaintiff, hence,
the Plaintiff repeated requests to the defendant for repay the loan amount and
the plaintiff is in apprehension that the defendant is going to sold out the
mortgaged property and the plaintiff is having no option except to file this
current suit for recovery of Rs.____________/- (________) along with interest
of 3% per month from the date of execution of the mortgaged deed and also
lodged an police complaint on __________ against the Defendant.
8. That
the defendant came to plaintiff on ____________ and demanded a sum of ________
from the plaintiff as he was in dire need of the said money and the plaintiff
was having good terms with the defendant and also plaintiff believed on the
defendant as he has purchased two properties from his wife and had paid the
said amount of _________ to the defendant and the defendant assured to repay
back the same very shortly. The plaintiff agreed to give the amount as loan
with interest of @3% per month wherein the defendant mortgaged his
property “Entire lower ground floor of
the southern side portion of freehold built up property bearing municipal no. ______,
portion of old plot no. ____, area measuring 33.33 sq.yds, along with undivided
proportionate share in the land underneath, duly fitted with electric and water
connection in working order, situated at ________” in the name of plaintiff as
security and for the same, a mortgage deed dated __________, receipt dated ___________,
duly executed between the plaintiff and the defendant in the presence of
witnesses and the same was signed by the plaintiff and defendant.
9. That
the defendant being the owner of the property executed the mortgage deed in
favour of plaintiff vide mortgage deed executed on __________ in presence of
two witness namely Ms____________ wherein the defendant agreed not to sale said
property without liquidating the debt amount of plaintiff. The defendant has
received a sum of Rs.________ from the plaintiff on account of mortgage of
entire above said mortgaged property and a receipt of said amount was
acknowledged and admitted by defendant on __________ in presence of two
witness.
10. That
it is pertinent to mention here that the defendant failed to make payment of
the said amount of money to the plaintiff within the three months time as
agreed in the mortgaged deed and when the plaintiff ask for repayment of said
amount, the defendant requested for more time for repayment of same. The
plaintiff demanded his hard-earned money from the defendant, but the defendant
always making one or the other excuses and did not return back the said amount
and rather has been giving the threats to the plaintiff of dire consequences.
12. That
the plaintiff was shocked when the defendant threatened the plaintiff to kill
and finish the plaintiff’s life, thereafter the plaintiff approached the local
Police Station and filed complaint against the defendant. Despite repeat
requests to the defendants for repay the loan amount and the plaintiff is in
apprehension that the defendant is going to sold out the mortgaged property and
the plaintiff is having no option except to file this current suit for recovery
of Rs______/- (______) along with interest of 3% per month from the date of
execution of the mortgaged deed.
13. That
the defendant thus owes a sum of Rs._____/- (_________) to the plaintiff
towards the principal amount alone, moreover the defendant is liable to pay
overdue interest on the abovesaid principal amount @ 3% per month as mentioned
in the mortgage deed dated ___________.
14. That
the defendant has not appeared before this Hon’ble Court so far and on ______________
the defendant appeared before this Hon’ble court and gave a lame excuse that
the defendant has already made the payment to the plaintiff through bank draft
and also has the acknowledgement from the plaintiff, but it is pertinent to
mention here that the defendant didn’t present any acknowledgement or bank
draft details before this Hon’ble Court till date and the defendant has failed
to prove the same, therefore the statement of the defendant may not be
considered by this Hon’ble Court. Hence the opportunity of the defendant to
defend his case may be closed by this Hon’ble court in the interest of justice.
15. That
the application under reply is absolutely frivolous and is devoid of any merits
and the same is liable to be dismissed as the defendant has miserably failed to
make out any ground for the present application.
PARAWISE REPLY ON MERITS:-
1-2. That
the contents of paras 1-2 of the application are wrong and denied. It is denied
that the Defendant in order to seek a leave to defend the summary suit which
has been filed by the Plaintiff on the basis of false, fabricated and concocted
facts.
3.
That the contents of para 3 of the application are wrong and
denied. It is denied that the Defendant has sufficient grounds which entitles
the Defendant
to not just
defend the present suit but also to successfully establish before this Hon'ble Court that the claims
filed by the Plaintiff is nothing but a sheer abuse of the process law. It is further denied
that the present suit is nothing but the abuse of the process of law and under the true
circumstances prevailing in the instant matter, the Defendant is most likely to succeed
in the present suit against the plaintiff.
4.
That the contents of para 4 of the application are wrong and
denied. It is denied that the suit of the Plaintiff does not comply with
ingredients as envisaged in Order 37 Rule 2 of the Code of Civil Procedure,
1908. It is further denied that the present suit is not maintainable under
Order 37 of Code of Civil Procedure, 1908. It is further denied that the
Defendant has clearly herein below enumerated the facts involved in the present
suit which requires extensive evidence and under no circumstances, the case of
the Plaintiff cannot be proved without the same.
5.
That the contents of para 5 of the application are wrong and
denied. It is denied that the suit of the Plaintiff is liable to be dismissed
as the Plaintiff have not approached this Hon'ble Court with clean hands as the
plaintiff have deliberately concealed relevant facts and material in order to
achieve it otherwise deceitful design of earning undue profits by misleading
this Hon'ble Court.
6.
That the contents of para 6 of the application are wrong and
denied. It is denied that the suit filed by the Plaintiff not only suffers from
factual lacunae but also from irreparable legal lacunae. It is further denied
that through this application to seek the leave to defend the Defendant is
hereby endeavoring to bring the said lacunae to the kindest knowledge of this
Hon'ble Court.
7.
That the contents of para 7 of the application are wrong and
denied. It is denied that the present suit has been filed on the basis of false
and fabricated facts and unfortunately enough the Plaintiff has illegally used
the legal machinery as an instrument to commit fraud upon the Defendant. It is further
denied that the Plaintiff seeks the right to file an appropriate application U/s
340 of Cr PC upon the appropriate stage of this suit.
8.
That the contents of para 8 of the application are wrong and
denied. It is denied that the entire basis and premise or the suit filed by the
Plaintiff revolves around an unregistered, un-notarized and a fabricated
mortgage deed. It is further denied that the said mortgage deed has been
procured and fabricated by the Plaintiff after obtaining signatures of the
Defendant on blank papers on the pretext of helping the Defendant to obtain a
home loan/ loan against property.
9.
That the contents of para 9 of the application are wrong and
denied. It is denied that the Plaintiff has concealed material facts from this
Hon'ble Court. It is further denied that the Plaintiff has chosen to conceal
that in the year 2018, the Defendant had approached the Plaintiff, his wife and
one __________ in order to purchase a property for the total consideration of
Rs. _________/- (_______) at that time the Plaintiff had assured the Defendant
that since he is a property dealer therefore, he has good ties with various
banks and can assist him in getting home loan, loan against property for
purchasing the said property in the same breath the Plaintiff had also sought
the original documents of the property situated at Ground Floor, (area measuring
33.33 sq. yds.) Southern side portion of the free hold- built up property bearing
no. B1142 (admeasuring 33.33 Sq. Yard) part of old plot ___________and had also
asked the Defendant to also sign several documents m order the Defendant m
order to seek loan against property/home loan from a banking institution./
NBFC.
10.
That the contents of para 10 of the application are wrong and
denied. It is denied that thereafter the Defendant, had approached the
Plaintiff at multiple counts in order to inquire about the process of the said
loan but the Plaintiff in order to give direct and true reply choose to dilly
dally replying to the same. It is further denied whereafter, the Defendant
herein became hopeless and started applying loan for purchasing the said
property on his own accord. It is further denied that even at this time the
Defendant was hopeful that the Plaintiff will return the said original
documents to him at the time of registration of the sale deed of the property
which was being purchased by the Defendant from the Plaintiffs wife and one _____________
since both the Plaintiff and Defendant had shared a friendly bond but little
did the Plaintiff know that the plaintiff since die very beginning had malice
and ulterior motives in his mind and in order to satisfy his never ending
avarice, the Plaintiff would go on to misuse the said original documents and
the signed blank papers and reseedi tickets.
11.
That the contents of para 11 of the application are want of
knowledge and hence, denied.
12.
That the contents of para 12 of the application are wrong and
denied. It is denied that though at the time of registration of the said sale
deed the Plaintiff was present as a witness but despite repeated request the
Plaintiff in a very cuning fashion didn’t bring with him the signed blank page,
raseedi tickets and the original documents of the property situated at _______________
and promised to return the same at the earliest before the wife of the
Defendant.
13.
That the contents of para 13 of the application are wrong and
denied. It is denied that despite the repeated promises on his own part, the
Plaintiff miserably failed to return the said original property’s documents and
the signed blank papers of the Defendant and ultimately on _____________, the
Defendant was placed in the state of shock and awe when he received the summons
of the present case and when he realized that the Plaintiff had illegally used
the original documents of the property of the Defendant and illegally procured
and fabricated an unregistered, unnotarized and illegal mortgage deed over the
signed blank pages given by the Defendant after trusting the Plaintiff for
helping the Defendant in getting a home loan/ loan against property sanctioned.
14.
That the contents of para 14 of the application are wrong and
denied. It is denied that the Plaintiff has misused the signed blank pages and
the original property documents of the Defendant. It is further denied that the
Defendant reserves the right to initiate appropriate criminal case as well as
civil suit against the Defendant. It is further denied that the Defendant ought
to have the initiated criminal case against the Plaintiff but since the said
case is currently barred as per the doctrine of cutodia legis therefore
currently it is only this Hon'ble Court which currently has the power to
initiate criminal proceedings against the Plaintiff.
15-16.
That the contents of paras 15-16 of the application are wrong
and denied. It is denied that the amount allegedly claimed by the Plaintiff of
a sum of Rs. ______/- which was
allegedly paid by the Plaintiff via cash is not even a legal tender in the eyes
of law, since the said payment is way above and beyond Rs. _________/- (__________).
17-18.
That the contents of paras 17-18 of the application are wrong
and denied. It is denied that the conduct of the Plaintiff of nor registering
the said mortgage deed in itself is enough to cast a humongous shadow of doubts
over the story of the Plaintiff, if the claim of the Plaintiff was so genuine
or if the Plaintiff had actually paid the said monies to the Defendant, then he
ought to have got the said mortgage deed registered. It is further denied that
since the said mortgage deed is not registered therefore any operation arising
thereof is not legal in the eyes of law.
19-20.
That the contents of paras 19-20 of the application are wrong
and denied. It is denied that since no presumption can be drawn in the present
case on the basis of the documents filed by the Plaintiff since the alleged
mortgage deed which forms the heart and soul of the false claims of the
Plaintiff is unregistered, unnotarized. It is further denied that the alleged
unregistered and unnotarized false and fabricated mortgage deed cannot be
admitted as evidence on the basis of which the present summary suit has been
filed. It is further denied that there is no amount is due and payable by the
Defendant to the Plaintiff.
21-22.
That the contents of paras 21-22 of the application are wrong
and denied. It is denied that the sole intention of the Plaintiff preferring
this suit is to harass the de illegally and damage hard earned reputation and
blackmail the Defendant in order to extort money unlawfully. It is further
denied that great prejudice would be caused to the defendant if the present
application is not allowed and the Defendant is not given a chance to contest
the present suit on merits.
23-24.
That the contents of paras 23-24 of the application are wrong
and denied. It is denied that the Defendant has raised triable issues and there
is a bonafide, reasonable defence, as such leave to defend may be
granted. It is further denied that the Defendant has the substantial defence to
the claim on merits and triable issue needs to be raised in order to properly
adjudicate the dispute before this Hon'ble Court. On this ground itself,
unconditional leave to defend may be allowed. It is however stated that the
defendant has not disclose any facts to entitle him for leave to defend the
suit. The affidavit of the defendant does not disclose facts which indicate
that he has substantial defence. The application for leave to defend does not
raise any triable issue. Moreover, the defence intended to be put up by the
defendant is totally frivolous and vexatious.
Prayer clause of the application under reply is wrong and
denied and the defendant is not entitled for any relief prayed for.
PRAYER:-
In
view of the above reply, that the application for leave to defend is absolutely
false and frivolous and the defendant has miserably failed to make out any defence
in his favour for the grant of relief prayed for and as such this application
is liable to be dismissed with cost in the interest of justice.
The judgment / decree be
passed in favour of the plaintiff and against the defendant.
It is prayed accordingly.
DELHI PLAINTIFF
DATED: THROUGH
_____________________________
______-------------------------------------_
ADVOCATE
__________________-----------------------------,
New
Delhi-110015
Mob.No.--------------------------
Email:
________________
IN
THE COURT OF MS. VANDANA; LD. ADJ-08;
DIST. CENTRAL; TIS
HAZARI COURTS, DELHI.
C.S. DJ NO. ____OF
2020.
IN
THE MATTER OF:
_____________________ :
PLAINTIFF
VERSUS
______________ :
DEFENDANT
AFFIDAVIT
Affidavit
of ________________, S/o __________ R/o A-563, _____________________,
Delhi-110052., do hereby solemnly affirm and state as under:-
1.
That I am the plaintiff in the above noted case and well
conversant with the facts of the case and therefore competent to swear this
affidavit.
2.
That I hereby state that the accompanying reply to the application
for leave to defend has been drafted under my instructions and I have gone
through the same which is true and correct to my knowledge and the contents of
the same have not been repeated for the sake of brevity.
DEPONENT
VERIFICATION:-
Verified
at New Delhi on ___ day of July, 2024 that the contents of my above affidavit
are true and correct to my knowledge, nothing is untrue therein or concealed
there from.
DEPONENT
IN
THE COURT OF MS. VANDANA; LD. ADJ-08;
DIST. CENTRAL; TIS
HAZARI COURTS, DELHI.
C.S. DJ NO. OF 2020.
IN
THE MATTER OF:
__________________ :
PLAINTIFF
VERSUS
___________ : DEFENDANT
D.O.H.:
_________
REPLY
ON BEHALF THE PLAINTIFF TO THE APPLICATION UNDER SECTION 5 OF LIMITATION ACT
FOR CONDONATION OF DELAY.
1. That the application filed by the
defendants are per se false and based on invented facts and is an attempt to
mislead this Hon'ble Court and hence is liable to be dismissed out rightly.
2. That on _____________ the defendant has
been served the summons, since then he has been continuously appearing, but the
defendant entered the appearance finally on _________ before this Hon’ble Court,
and present leave to defend application has been filed on ________, though time
is to be calculated from _________ for filing leave to defend. On the last date
of hearing i.e. on __________ Plaintiff submits that he has not received the
copy of the same and also submitted that he already shifted from the previous
address. On this Defendant undertakes to supply the copy of the same again to
the Plaintiff within 7 days from __________, but the Defendant has also failed
to supply the same to the present application under reply within seven days as
per direction of this Hon’ble Court despite the delay in application for leave
to defend the Defendant disobey the order of this Hon’ble Court, as such the leave
to defend filed by the defendant is time barred and cannot be taken on the
record. The defendants has filed an application to condone the delay of 4 days
on the grounds that on _____________ the counsel for the Defendant had suffered
a severe muscle spasm leading to the complete immobility of her right hand i.e.
the dominant typing hand. The said plea for
condoning delay in filing the leave to defend is a false and made up plea. The
present application is filed by the defendants on __________ which is beyond the statutory period. The
defendant has not come out with any proper or substantial ground as to why, the
defendant could not file the leave to defend within the stipulated statutory period
of 10 days as contemplated Order 37 Rule 3(5) of CPC.
3. That the present application filed by the
defendant has been moved in the wrong provision i.e. Section 5 of Limitation
Act which applies to the only applications and appeals and not for the
pleadings / suits, therefore the present application is liable to be dismissed
on this ground alone.
4. That
from the above, it is obvious that the defendant has taken only a false,
vexatious, vague and bald plea is even otherwise, without any substance. It has
been taken only with a view to cover up his negligence in submitting the leave
to defend within time.
5. That
the defendant has failed to make out any case of exceptional hardship to enable
this Court to extend the time for filing leave to defend.
6. That according to the defendant the leave to defend was filed
on______. It is submitted that the statutory period for filing leave to defend is
10 days from the date of service of the summons for judgment, and the defendant
is required to explain the same as to why the leave to defend is filed beyond 10
days. The defendant has failed to give any such explanation.
7. It is further submitted that the defendant has not placed any
documents on record to show the grounds or to corroborate the same by way of
any evidence which has cast hindrances in filing the leave to defend within time
frame. It is further submitted that defendant in order to delay the proceedings
had deliberately not filed the reply in time.
PARA
WISE REPLY.
1. That
the contents of para 1 of the application are matter of record, need no reply.
2. That
the contents of para 2 of the application are wrong and denied. It is submitted that the application for leave
to defend application has been filed on___________, though time is to be
calculated from _________ for filing leave to defend. On _______ the Defendant undertakes
to supply the copy of the application for leave to defend to the Plaintiff
within 7 days from the date of order i.e. ________, but the Defendant has also
failed to supply the same to the present application under reply within seven
days as per direction of this Hon’ble Court despite the delay in application
for leave to defend the Defendant disobey the order of this Hon’ble Court, as
such the leave to defend filed by the defendant is time barred and cannot be
taken on the record. The defendants has filed an application to condone the
delay of 4 days on the grounds that on _________the counsel for the Defendant
had suffered a severe muscle spasm leading to the complete immobility of her
right hand i.e. the dominant typing hand. The said plea for condoning
delay in filing the leave to defend is a false and made up plea. The present
application is filed by the defendants on __________ which is beyond the
statutory period. The defendant has not come out with any proper or substantial
ground as to why, the defendant could not file the leave to defend within the
stipulated statutory period of 10 days as contemplated Order 37 Rule 3(5) of CPC.
3-8. That
the contents of paras 3-8 of the application are wrong and denied. It is denied
that counsel for the Defendant was prevented from filing the leave to defend
within the stipulated time period. It is further denied that the delay in
filing leave to defend is neither deliberate nor intentional on the part of the
Defendant but is due to good and sufficient reasons. It is further denied that
no prejudice would be caused to the Defendant if the delay is condoned. It is
further denied that the Defendant has always been diligent in pursuing the
matter. It is further denied that the present application is bonafide. It is obvious that the defendant has taken
only a false, vexatious, vague and bald plea and the said plea is even
otherwise, without substance and taken only with a view to cover up his
negligence in submitting the leave to defend within time. It is further submitted that according to the
defendant the leave to defend was filed on________. It is submitted that the
statutory period for filing leave to defend is 10 days from the date of service
of the summons for judgment, and the defendant is required to explain the same
as to why the leave to defend is filed beyond 10 days. The defendant has failed
to give any such explanation.
PRAYER :-
In
the light of the reply given hereinabove, it is submitted that the present
application is an abuse of the process of law and is liable to be dismissed and
hence, it is prayed that the same may be:
i) Dismissed
with costs and the leave to defend at all filed on record be taken off the
record.
ii) Pass
decree in favour of the plaintiff on the basis of facts contained in the
plaint.
iii) Pass any such further order by this Hon’ble
Court as may deem fit and proper in the interest of justice.
PLACE:
DELHI PLAINTIFF
THROUGH
DATED:
___________________------------------------
ADVOCATE
--------------------------,
New
Delhi-110015
Mob.No.------------------------
Email: ----------------------------
IN
THE COURT OF MS. VANDANA; LD. ADJ-08;
DIST. CENTRAL; TIS
HAZARI COURTS, DELHI.
C.S. DJ NO. _ OF 2020.
IN
THE MATTER OF:
__________________________ :
PLAINTIFF
VERSUS
___________________ :
DEFENDANT
Affidavit of Sh. ___________, S/o SH. __________R/o
______________, Delhi-110052., do hereby solemnly affirm and state as under:-
1. That
I am the Plaintiff in the above noted case and am well conversant with the
facts and circumstances of the case and am, therefore, competent to swear this
Affidavit.
2. That
the accompanying reply to the Application under Section 5 of Limitation Act has
been drawn on my instructions. I have read and understood the contents of the
accompanying application and the same are true and correct to my knowledge and
no part of it is false nor anything material has been concealed therein.
DEPONENT
Verified at New
Delhi on this ___ day of July, 2024 that the contents of the above affidavit
are true and correct to the best of my knowledge and nothing material has been
concealed therein.
