Civil Pleadings Plaint In The Court Of Junior Civil Judge, Kolkata
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CIVIL PLEADINGS PLAINT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA Suit No. 457 of 2020
Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant) Plaint filed on behalf of the plaintiff under order VII Rule-10 and long cause title.
The Plaintiff above named begs to submit as follows…. (1) That under a registered general power of attorney executed in March 2-3-2019 Late Peter Mukherjee father of the plaintiff, appointed Mohit Dutta, the defendant, as his authorised agent to collect rents of his houses property situated in Kolkata. (2) That the defendant started collection of rents from the month of April 2018 and has been doing so till this date. (3) That the said A died in the month of February 2020 leaving behind only the Plaintiff, his only heir. (4) That the particulars and full details of the collection made by the defendant are not known to the Plaintiff up to this time. The defendant has not rendered any account of money received by him in behalf of father of the plaintiff. 1
(5) That the plaintiff several times requested the defendant to deliver up to date the accounts but he certainly failed to do so deliberately. (6) That the cause of action arose on March 15 2020 and further on March 23 2020 when the plaintiff demanded up to date accounts from the defendant and defendant refused to do so. (7) That the parties reside within the local jurisdiction of this court and the court is competent to try the same. (8) That the value of the suit for the purposes of court fees and jurisdiction is ₹ 4000 and requisite court fee being paid of the same. Prayer (1) A full and complete account of the amount realised by the defendant on behalf of the plaintiff. (2) A decree for the payment of rent collected by the defendant on behalf of the plaintiff. (3) Cost of the suit in favour of the plaintiff. (4) Such other and further relief as the honourable court may deem fit and proper. __________________
_________________
Advocate for Plaintiff
Plaintiff
Verification I, Akash Mukherjee, do hereby verify that the contents of paragraph number 1 to 10 of this plaint are true to my personal knowledge and no part of it is false. The Plaint and the verification clause has been verified by me on 20 August, 2020 at the court of Junior Civil Judge compound at Kolkata.
Date: 20 August, 2020 2
_______________
Place: Kolkata
Plaintiff _______________ Pleader
3
AFFIDAVIT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA Suit No. 457 of 2020
Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant) Affidavit on behalf of Plaintiff I, Akash Mukherjee, S/o. Peter Mukherjee, aged 22 years, R/o House no.30, Park street, Kolkata-700016., do hereby solemnly declare and affirm on oath as under: (1) That under a registered general power of attorney executed in march 2-3-2019 Late A father of the plaintiff, appointed Y, the defendant, as his authorised agent to collect rents of his houses property situated in Kolkata. (2) That the defendant started collection of rents from the month of April 2019 and has been doing so till this date. (3) That the said A died in the month of February 2020 leaving behind only the Plaintiff, his only heir. (4) That the particulars and full details of the collection made by the defendant are not known to the Plaintiff up to this time. The defendant has not rendered any account of money received by him in behalf of father of the plaintiff. (5) That the plaintiff several times requested the defendant to deliver up to date the accounts but he certainly failed to do so deliberately. 4
(6) That the cause of action arose on March 15 2020 and further on March 23 2020 when the plaintiff demanded up to date accounts from the defendant and defendant refused to do so. (7) That the parties reside within the local jurisdiction of this court and the court is competent to try the same. (8) That the value of the suit for the purposes of court fees and jurisdiction
is
₹.4000 and requisite court fee being paid of the same.
VERIFICATION I, X do hereby declare that the contents of Paragraph 1 to 8 are correct to my knowledge and belief and nothing has been concealed therein.
Verified Date: 20 August, 2020
_______________
Place: Kolkata
Deponent
5
WRITTEN STATEMENT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA Suit No. 457 of 2020
Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant)
Written Statement on behalf of Mohit Dutta, herein after referred as Defendant, is as follows:(1) That the content of Para 3 of the plaint are substantially correct. (2) That the contents of Para 4 and Para 5 of the plaint are not admitted. (3) That the contents of Para 6 of the plaint are not admitted. (4) That the contents of Para 7 of the plaint are denied. (5) That the contents of Para 8 and Para 10 of the plaint need no reply. Additional Pleas (6) That the money and as when received by the defendant was delivered to the plaintiff. (7) That the defendant used to give details of accounts every month to the plaintiff and the plaintiff used to sign on the account book.
6
(8) That the claim of the plaintiff is false and fabricated and no amount is due on the defendant. (9) That the suit of the plaintiff may be dismissed with dismissal cost to the defendant.
Verified Date: 20 August, 2020
_______________
Place: Kolkata
Deponent
Verification I , do hereby verify that the contents of Paragraph 1 to 7 of this written statement are true to the best of my personal knowledge and the remaining paragraph are baised on legal advice from my advocate wich I believe to be true
Verified Date: 20 August, 2020
_______________
Place: Kolkata
Deponent
7
AFFIDAVIT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA
Suit No. 457 of 2020 Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant) Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020 do hereby solemly declare and affirm on oath as under: (1) That the content of Para 3 of the plaint are substantially correct. (2) That the contents of Para 4 and Para 5 of the plaint are not admitted. (3) That the contents of Para 6 of the plaint are not admitted. (4) That the contents of Para 7 of the plaint are denied. (5) That the contents of Para 8 and Para 10 of the plaint need no reply.
VERIFICATION Verified that the contents my above affidavit is true to bet of my knowledge and belief and nothing has been concealed therein. Verified Place: Kolkata.
______________
Date: 22 August, 2020
Deponent
8
Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant) Plaint filed on behalf of the plaintiff under order VII Rule-10 and long cause title.
The Plaintiff above named begs to submit as follows…. (1) That under a registered general power of attorney executed in March 2-3-2019 Late Peter Mukherjee father of the plaintiff, appointed Mohit Dutta, the defendant, as his authorised agent to collect rents of his houses property situated in Kolkata. (2) That the defendant started collection of rents from the month of April 2018 and has been doing so till this date. (3) That the said A died in the month of February 2020 leaving behind only the Plaintiff, his only heir. (4) That the particulars and full details of the collection made by the defendant are not known to the Plaintiff up to this time. The defendant has not rendered any account of money received by him in behalf of father of the plaintiff. 1
(5) That the plaintiff several times requested the defendant to deliver up to date the accounts but he certainly failed to do so deliberately. (6) That the cause of action arose on March 15 2020 and further on March 23 2020 when the plaintiff demanded up to date accounts from the defendant and defendant refused to do so. (7) That the parties reside within the local jurisdiction of this court and the court is competent to try the same. (8) That the value of the suit for the purposes of court fees and jurisdiction is ₹ 4000 and requisite court fee being paid of the same. Prayer (1) A full and complete account of the amount realised by the defendant on behalf of the plaintiff. (2) A decree for the payment of rent collected by the defendant on behalf of the plaintiff. (3) Cost of the suit in favour of the plaintiff. (4) Such other and further relief as the honourable court may deem fit and proper. __________________
_________________
Advocate for Plaintiff
Plaintiff
Verification I, Akash Mukherjee, do hereby verify that the contents of paragraph number 1 to 10 of this plaint are true to my personal knowledge and no part of it is false. The Plaint and the verification clause has been verified by me on 20 August, 2020 at the court of Junior Civil Judge compound at Kolkata.
Date: 20 August, 2020 2
_______________
Place: Kolkata
Plaintiff _______________ Pleader
3
AFFIDAVIT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA Suit No. 457 of 2020
Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant) Affidavit on behalf of Plaintiff I, Akash Mukherjee, S/o. Peter Mukherjee, aged 22 years, R/o House no.30, Park street, Kolkata-700016., do hereby solemnly declare and affirm on oath as under: (1) That under a registered general power of attorney executed in march 2-3-2019 Late A father of the plaintiff, appointed Y, the defendant, as his authorised agent to collect rents of his houses property situated in Kolkata. (2) That the defendant started collection of rents from the month of April 2019 and has been doing so till this date. (3) That the said A died in the month of February 2020 leaving behind only the Plaintiff, his only heir. (4) That the particulars and full details of the collection made by the defendant are not known to the Plaintiff up to this time. The defendant has not rendered any account of money received by him in behalf of father of the plaintiff. (5) That the plaintiff several times requested the defendant to deliver up to date the accounts but he certainly failed to do so deliberately. 4
(6) That the cause of action arose on March 15 2020 and further on March 23 2020 when the plaintiff demanded up to date accounts from the defendant and defendant refused to do so. (7) That the parties reside within the local jurisdiction of this court and the court is competent to try the same. (8) That the value of the suit for the purposes of court fees and jurisdiction
is
₹.4000 and requisite court fee being paid of the same.
VERIFICATION I, X do hereby declare that the contents of Paragraph 1 to 8 are correct to my knowledge and belief and nothing has been concealed therein.
Verified Date: 20 August, 2020
_______________
Place: Kolkata
Deponent
5
WRITTEN STATEMENT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA Suit No. 457 of 2020
Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant)
Written Statement on behalf of Mohit Dutta, herein after referred as Defendant, is as follows:(1) That the content of Para 3 of the plaint are substantially correct. (2) That the contents of Para 4 and Para 5 of the plaint are not admitted. (3) That the contents of Para 6 of the plaint are not admitted. (4) That the contents of Para 7 of the plaint are denied. (5) That the contents of Para 8 and Para 10 of the plaint need no reply. Additional Pleas (6) That the money and as when received by the defendant was delivered to the plaintiff. (7) That the defendant used to give details of accounts every month to the plaintiff and the plaintiff used to sign on the account book.
6
(8) That the claim of the plaintiff is false and fabricated and no amount is due on the defendant. (9) That the suit of the plaintiff may be dismissed with dismissal cost to the defendant.
Verified Date: 20 August, 2020
_______________
Place: Kolkata
Deponent
Verification I , do hereby verify that the contents of Paragraph 1 to 7 of this written statement are true to the best of my personal knowledge and the remaining paragraph are baised on legal advice from my advocate wich I believe to be true
Verified Date: 20 August, 2020
_______________
Place: Kolkata
Deponent
7
AFFIDAVIT IN THE COURT OF JUNIOR CIVIL JUDGE, KOLKATA
Suit No. 457 of 2020 Akash Mukherjee, S/o. Peter Mukherjee aged 22 years, R/O House No. 30, Park Street, Kolkata-700016. …..(Plaintiff) Versus Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020. …..(Defendant) Mohit Dutta, S/o. Kailesh Dutta, aged 40 years, R/O House No. 122, J.C.Bose Road, Kolkata-700020 do hereby solemly declare and affirm on oath as under: (1) That the content of Para 3 of the plaint are substantially correct. (2) That the contents of Para 4 and Para 5 of the plaint are not admitted. (3) That the contents of Para 6 of the plaint are not admitted. (4) That the contents of Para 7 of the plaint are denied. (5) That the contents of Para 8 and Para 10 of the plaint need no reply.
VERIFICATION Verified that the contents my above affidavit is true to bet of my knowledge and belief and nothing has been concealed therein. Verified Place: Kolkata.
______________
Date: 22 August, 2020
Deponent
8
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