1479D

IN THE LEARNED DISTRICT COURT

AT ABC

CIVIL SUIT NO. XXX/2018

[UNDER SECTIONS 6,9,15 AND 20 OF THE CODE OF CIVIL PROCEDURE, 1908]

IN THE MATTER OF

D……………………………………………………………….…………………PLAINTIFF

V.

S……………..………….. ……………….…………………………….………..DEFENDANT

MEMORIAL ON BEHALF OF DEFENDENT

TABLE OF CONTENTS

ii
INDEX OF AUTHORITIES

iii
 STATEMENT OF JURISDICTION

The Plaintiff most humbly submits the case to the jurisdiction of this Learned District Court of

Jodhpur at Jodhpur under sections 6, 9, 15 and 20 of the Code of Civil Procedure, 1908 and

clubbed with section 151 of Code of Civil Procedure 1908.

It is thus submitted that this Learned Court has complete competency and jurisdiction to

adjudicate the matters mentioned above.

iv
 STATEMENT OF FACTS

 A and B are two brothers B having ownership over huge property allows A to completely

manage the affairs of the property and A was allowed to deal publically relating all the

matters of the property, though was not permitted to sell the property without the consent

of B.. Later A sold the property to C.

 B files the suit to cancel the transfer on the ground that A was not competent to sell the

same to C.
 ‘S, who A’s only son, sold the property to D. D purchased the property under the

impression that S is the real owner. Later on when S failed to give the possession D filed

suit against S for the same property.

Hence, the present matter in the court.

v
ISSUES OF CONSIDERATION

vi
SUMMARY OF ARGUMENTS

vii
ARGUMENTS ADVANCED
 PRAYER

Wherefore, in the light of facts stated, arguments advanced and authorities cited, it is most

humbly prayed before this Learned District Court of ABC, that it may be pleased to:

1. Dismiss the present sui due to lis pendens.

And pass any order in favour of the Petitioner which this court may deem fit in the ends of

justice, equity and good conscience.

All of which is most humbly and respectfully submitted.

Date: April 23, 2018 Counsel for the Defendent

Place: ABC S/d-

Counsel No. 1479D