Moot Court Assignment

Name: Rashi Gupta

A court is any institution, often as a government institution, with the authority to adjudicate legal
disputes between parties and carry out the administration of justice in civil, criminal, and administrative
matters in accordance with the rule of law. The system of courts that interprets and applies the law is
collectively known as the judiciary. The place where a court sits is known as a venue. The room where
court proceedings occur is known as a courtroom. A courtroom is the enclosed space in which courts of
law are held in front of a judge. A number of courtrooms, which may also be known as "court.” The
Judge, Stenographer, Section clerk, Bench Clerk, Court Bailiff, a peon, advocates, parties to the suit and
witnesses are present in the courtroom. The judge’s bench is the raised wooden desk or podium in the
front of the courtroom where the judge sits. The space between counsel table and the bench, the
courtroom clerk and the stenographer may sit. Courtroom also consists of a Witness Box. Most
courtrooms have a spectator area in the back, often separated by a “bar” or partition from the rest of the
courtroom. Members of the public, including those who come to court to support a family member or
friend, sit in this area.

ENTERING THE COURTROOM

The advocates of plaintiff and Defendant, along with the parties must reach the court room on time. The
advocates should appear in court at all times only in the dress prescribed under the Bar Council of India
Rules and his appearance should always be presentable and the parties should be decently dressed. When
entering and leaving the courtroom, all legal practitioners and the parties are expected to acknowledge the
presence of a Judge or Magistrate with a bow, and then to sit in the body of the courtroom in a manner
which minimizes disruption.
 ARGUMENTS ON BEHALF OF PLAINTIFF

SUIT FOR MONEY RECOVERY

IN THE COURT OF Mr. R.V.Deshmukh

Civil Suit No.: _______of 2019

(Under Order XXXVII of the Code of Civil Procedure 1908)

Date of Institution: 15- 01-2019

Plaintiff: Sanjay Rao

Versus

Defendant: Bandu

Suit for the recovery of Rs. 5000 along with cost and interest @ 12% pa Plaint under Order
XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit.

Respectfully Sheweth:

1. That the present suit is being filed under the specific provisions under Order XXXVII of the Code of
Civil Procedure, 1908.

2. That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint.

3. That the defendant was in the dire need of money so he requested my client to lend him a sum of Rs
5000.

4. That other necessary particulars are as under for the convenience of this Hon'ble court: i) Date of
Receipt: 24/09/2018
5. It is humbly submitted in the Hon’ble court that Mr. Bandu, Age -49yr, Occupation Farmer/o- Village
Bori, requested my client an amount of Rs5000, On 24-9- 2018.

6. That the defendant works in the agriculture land adjoining to my land. The defendant promises my
client to repay the sum within 3 months. Looking to his need and promise my client agreed to lend the
amount of Rs 5000.

7. It is humbly submitted that my client is a sarpanch of the village and carries a kind & respectable image
in the society.

8. That considering the Rs 5000, my client has obtained the signature of the defendant.

9. That considering the risk in this particular transaction, my client had provided the receipt to the
defendant and obtained the signature in the presence of two neutral witnesses: ▪ Mrs. Shalini- teacher and
▪ Suresh-farmer.

10. That the two witnesses are not in any way related or interested in this transaction.

11. That the defendant agreed to repay the due amount within the time period of 3 months, i.e. 25th dec
2018.

12. That even after continuous reminder to the defendant by my client no response has been obtained, also
no amount has been given against the provided sum.

13. That the defendant has failed to make the payment of the amount of money to the plaintiff in due
course of the three months of the receipt of the said reminder.

14. That it is pertinent to mention here that the debt/liability, for which the defendant has already signed
the receipt to the plaintiff is a legally enforceable debt/liability.

15. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and the
residence of the defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has
each and every jurisdiction to try and entertain this suit.

16. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. 5000/- and for the
purposes of recovery and correct and authorized court fee stamp of Rs. __ has been affixed on the plaint.
17. It is, therefore, most respectfully prayed that a decree for recovery to the effect that plaintiff is entitled
to recover a sum of Rs. 5000/- along with interest @ 12% w.e.f Rs 600 till the date of realisation of
amount along with cost of this suit, be passed in favour of plaintiff and against the defendants. Such other
reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of
the plaintiff and against the defendants in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL
EVER PRAY

Through, Advocate
 ARGUMENTS ON BEHALF OF DEFENDANT

1. It is humbly submitted in the honourable court that it is true that my client Bandu age 49, occupation
Farmer, R/O village Deori was in need of money, so he went to the house of Sanjay Rao and requested a
sum of Rs 500 from him.

2. That my client after receiving the mentioned sum of money, agreed to sign on a blank paper because of
the understanding between my client and plaintiff.

3. It is humbly submitted that a promissory note is covered under Section 2 (22) of the Indian Stamps Act
and it has to be adequately stamped as per the provisions of the Act. An inadequately stamped promissory
note shall not be admissible in evidence and it is clearly evident from the attached receipt is not stamped.
Thus not fulfilling the essential characteristics of a promissory note.

4. It is humbly stated that it was very clear in the mind of the plaintiff to take the undue advantage of his
position and the condition of my client, the plaintiff has also exploited my client with his power.

5.It is humbly submitted that the plaintiff has examined himself and his signatures only before the
honorable court and not of the two witness named Shalini(Teacher) and Suresh(Farmer), which clearly
shows that the plaintiff is trying to deceive my client.

6. That my client is willing to pay the agreed amount that is sum of Rs 500 only.

7. That the defendant is permanently residing within the jurisdiction of the honourable court. Hence this
honourable court has jurisdiction to try and entertain this particular suit.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL
EVER PRAY.

Through, Advocate