CPC PW ASSIGNMENT:

DRAFT OF WRITTEN STATEMENT

TOPIC: SUIT FOR SPECIFIC PERFORMANCE OF

CONTRACT

[Link](Hons.)

SREEYA SENGUPTA
22BAL200
DIVISION A
 IN THE COURT OF LD. DISTRICT JUDGE
TIS HAZARI COURT, NEW DELHI
CIVIL SUIT NO. 38475 OF 2023

IN THE MATTER OF:

Rajat Ranavat
S/o Aditya Ranavat
Resides in House No. 27,
Block C, DLF Colony,
Vasant Vihar, New Delhi – 928600
…PLAINTIFF
Versus
Popat Lal Chadda
S/o Lt. Digant Lal Chadda
Resides in B-14,
Green Park Extension, South Delhi,
New Delhi – 110016
…DEFENDANT

WRITTEN STATEMENT UNDER ORDER VIII RULE 1 OF THE CODE OF CIVIL

PROCEDURE, 1908

The Defendant, most respectfully submits as follows:

PRELIMINARY OBJECTIONS-

1. That the present suit as filed by the Plaintiff is not maintainable in its present form

and is liable to be dismissed as the Plaintiff has not provided sufficient cause of

action.
 2. That at the outset, the suit of the Plaintiff is barred by limitation period since the

claims brought forth by the Plaintiff relate to events that occurred more than three

years prior to the filing of the plaint.

3. That this Hon‟ble Court has no jurisdiction to entertain and try this suit because the

subject matter of the dispute and the relief sought do not pertain to the jurisdiction of

this Court.

4. That the suit has not been properly valued for the purpose of court fees and

jurisdiction and is therefore liable to be rejected outrightly.

5. That the suit is barred by the decree dated 09/12/2023 passed in suit no. 8347 titled

Rajat Ranavat v. Popat Lal Chadda before the court of Senior Sub-Judge, Rohini, New

Delhi, The present suit is therefore barred by the principle of res-judicata and

therefore liable to be dismissed on this short ground alone.

6. That the suit has not been properly verified in accordance with law.

ON MERITS :

Without prejudice to the preliminary objections stated above, the reply on merits, which is

without prejudice to one another, is as under:-

7. That para 1 of the plaint is correct and is admitted.

8. That the contents of para 2 of the plaint are denied for want of knowledge. The

Plaintiff is put to the strict proof of each and every allegation made in the para under

reply.

9. The contents of para 3 are admitted.

10. That with respect to para 4, although the Defendant acknowledges receiving a partial

payment of two lakhs fifty thousand rupees, this amount was received as a token of
 goodwill during preliminary negotiations and not as an advance against any

enforceable agreement.

11. That the averments made in paras 5 to 11, made by Plaintiff are false, vexatious,

baseless, invented, and imaginary stories and completely lack bonafide and made with

ulterior motives besides being devoid of merits and are liable to be dismissed. The

parties engaged in extensive discussions regarding the potential sale of the painting,

including negotiations over the price, terms of delivery, and other conditions of the

sale. However, the defendant had several concerns over the sale, such as the

possibility that the market value may fluctuate and the wish to reevaluate the

conditions of the deal. As a result, no formal contract was executed, and the

Defendant did not provide written confirmation of the sale or acceptance of the

Plaintiff’s offer.

12. The parties never agreed to any specific date of delivery or had any obligation to

deliver the painting by 06.01.2020, as alleged by the Plaintiff.

13. That the Defendant did not communicate any assurance to the Plaintiff for completing

the sale or transfer of the painting upon receipt of further payment, as there was no

concluded contract.

14. That with respect to para 10, the Defendant contends the painting’s possession and

value may vary, and thus monetary compensation or refund is a fair and adequate

remedy for any grievance claimed by the Plaintiff.

15. That para 14 is not admitted. This Hon’ble Court has no jurisdiction to entertain this

suit because the subject matter of this suit exceeds the pecuniary jurisdiction of this

Hon’ble Court.

16. The para 17 is not admitted. The suit has not been properly valued for the purpose of

court fee and jurisdiction.

 COUNTER-CLAIMS:

17. That the Defendant claims damages arising from the Plaintiff's actions, including but

not limited to reputational harm and loss of potential sales opportunities caused by the

Plaintiff's baseless assertions of a concluded contract.

18. That the Defendant further seeks costs associated with this suit, including legal fees

and other expenses incurred in defending against the Plaintiff’s baseless claims.

PRAYER

19. It is, therefore, most humbly prayed before this Hon’ble Court may be pleased to:

a. Dismiss the suit of the plaintiff.

b. Pass any other just and equitable order as deemed fit in the interest of justice.

DEFENDANT

Through

Shankar Shrivastava

PLACE: NEW DELHI

DATED: 13/09/2024 ADVOCATE FOR PLAINTIFF

VERIFICATION:

Verification at Delhi on 13/09/2024 that the contents of paras 1 to 6 of the preliminary

objection and para 7 to 16 of the reply on merits and para 17 and 18 of counter claims are true
to my personal knowledge on the basis of legal advice received and believed to be true. Last
para is prayer to the Hon‟ble Court.
 DEFENDANT

Place: New Delhi

Dated: 13/09/2024
 IN THE COURT OF LD. DISTRICT JUDGE
TIS HAZARI COURT, NEW DELHI
CIVIL SUIT NO. 38475 OF 2023

IN THE MATTER OF:

Rajat Ranavat
…PLAINTIFF
Versus
Popat Lal Chadda
…DEFENDANT

VERIFYING AFFIDAVIT

I, Popat Lal Chadda S/o Lt. Digant Lal Chadda, aged about 38 years, , residing at B-14,
Green Park Extension, South Delhi, New Delhi – 110016, do hereby state on solemn
affirmation as under:
1. I am the Defendant in this case, I am well conversant with the facts and circumstances of
the case, hence I swear this affidavit.
2. I state that the contents of the paragraph No. 1 to 19 are true and correct to the best of my
knowledge, belief and information.
I do swear on oath that what is stated above is true and correct to the best of my knowledge,
and information.
DEPONENT
Identified by me
Advocate
Place: New Delhi
Dated: 13/09/2024