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INTERNSHIP DIARY
COURSE CODE- BBALLB 510

LINGAYA’S VIDYAPEETH
School of Law

UNDER THE GUIDANCE OF

Mr. Durgendra Rajpoot. SUBMITTED BY-
NAME: NEHA
ROLL NO. 20BLI14
SESSION: 2020-2025
SEMESTER: 10th
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TABLE OF CONTENTS

S. No. PARTICULARS PAGE No.

1 TITLE PAGE 1

2 TABLE OF CONTENT 2

3 DECLARATION 3

4 ACKNOWLEDGEMENT 4

5 PHOTOCOPY OF 5
INTERNSHIP
CERTIFICATE

6 INTRODUCTION 5-9

7 INTERNSHIP DIARY 9-19

CONTENTS

8 LEGAL DOCUMENTS 24-33

DRAFTED

9 CONCLUSION 34
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DECLARATION

This is to certify that the project report on summer internship programme which is
submitted by Neha in partial fulfillment of the requirement for the degree of BBA LL.B. to
Lingaya’s Vidyapeeth, School of Law comprises only my general work & due acknowledgement
has been made in the text to all material used. Neither the same work, nor any part thereof, has
earlier been submitted to any university for any degree.

Name of the Student: Neha

Lingaya’s Vidyapeeth, School of Law, Faridabad
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ACKNOWLEDGMENT

It is my proud privilege to express my sincere gratitude to Mr. Amit Kumar (Advocate) under
whose shadow and guidance I have successfully completed my internship. I have gained a lot from
the experience from Mr. Amit Kumar standing at Bar which has helped me in gaining insight into
the working of the judicial system of our country.

I am also thankful to the entire law faculty for inspiring guidance, supervision, expert suggestion
& encouragement which helped me to understand the application of law taught in the actual
practice of law in and outside court.
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INTRODUCTION

This report examines the internship program with Advocate Mr. Amit Kumar I completed my
internship under Advocate Mr. Amit Kumar in the month of April 2025 and it was a great learning
experience for me. The internship gave me the opportunity to look inside the judicial system and
its working. I dealt with people directly and looked into their problems under the able guidance of
Mr. Amit Kumar. I visited different Courts in regard to different matters fixed in courts in daily
routine where I got an opportunity to observe their working. It was a valuable insight into the actual
working of courts and lawyers.

Not all legal acts happen in courts, a lot of legal mind is applied behind the canvas of court, inside
a lawyer’s chamber. A great deal about planning, counseling, legal drafting, brainstorming, and
record maintenance is taken up by a lawyer to make a good case. In the company of Mr. Amit
Kumar I was able to get insight into the nitty grittier involved in preparing a case. With his
permission, I was able to observe the manner in which client counseling is done. Besides this I was
able to learn about carrying out legal research, study of case files of running cases, and preparing
draft documents of real cases in hand.

It was a rich experience of working in courts and our judicial system and the role of a lawyer in
the delivery of justice.
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Information about the internship

I started interning with the Advocate from April 10th to May 8th. His chamber is located at
Faridabad Court. From the very first day, I was given an insight into how things work in the
practical sphere. I was advised to take note of everything that happens in a courtroom. On the very
first day, I was taught the traits of a good advocate. Time management, quick effort with well
thought action, meeting with the deadlines; these were the few things that I had to take note of.

My internship began with a brief note on the procedural difference between Criminal and Civil
Matters. The criminal procedure is provided in the CrPC and the civil procedure is in the CPC.

The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration
of substantive criminal law in India .It was enacted in 1973 and came into force on 1 April 1974.
It provides the machinery for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the accused person and the
determination of punishment of the guilty. Additionally, it also deals with public nuisance,
prevention of offence and maintenance of wife, child and parents.

The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil
proceedings in India.

The Code is divided into two parts: the first part contains 158 sections and the second part contains
the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to
general principles of jurisdiction whereas the Orders and Rules prescribe procedures and methods
that govern civil proceedings in India.

During the 30 days of my internship, the things I learned during my internship can be enumerated
as:

FILING OF A VAKALATNAMA
Vakalatnama, also called Vakil Patra (VP), is a document, by which, the party filing the case
authorizes the Advocate to represent on their behalf. A vakalatnama gives a lot of authority to the
pleader. It should be executed by the client with great care and scrutiny. Order III of the Civil
Procedure Code, 1908 provides under rule 4(1) that “No pleader Shall act for any person in any
Court unless he has been appointed for the purpose by such person by a document in writing signed
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by such person or by his recognized agent or by some other person duly authorized by or under a
power-of-attorney to make such appointment”. On the general terms, a Vakalatnama contains:

● The date on which it is executed.

● The name of case/cases for which the pleader(s) has been appointed

● The name of the court / courts for which the pleader has been appointed

● The name of the party appointing the Advocate and the parties authority to appoint

(Eg: Power of Attorney Holder or Recognized Agent)

● If not executed by the party in person, then the document supporting the appointment

● The name of the lawyer / pleader / advocate(s) so appointed

● The address of the pleader, for service of documents

● The case title / number to identify the case for which the appointment has been made

● The powers / decision making authority given to the advocate. This may limit the advocate only
to obtain certified copies, or
● Signature of the party or parties (with the name of the party or parties next to it)

● Signature of the pleader(s) or lawyer(s) accepting the vakalatnama

FILING OF COURT FEES

I was asked to go to the court fees counter with a senior, and file the required documents with the
appropriate court fees. This step educated me about the procedure and its nitty gritty details.

FILING A BAIL BOND

I was also taught how to file a bail bond for a criminal case under Section 138 of Negotiable
Instrument Act.
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OBSERVING CLIENT DEALINGS AND DRAFTING

I observed various client dealings and one of them was settling of terms of Divorce by mutual
consent under Section 13B of Hindu Marriage Act, 1955. I also assisted the advocate in drafting
of various plaints and written statements under Negotiable Instruments Act, Consumer Protection
Act, Hindu Marriage Act, Domestic Violence Act and Hindu Guardian and Wards Act.

FRAMING OF ISSUES
Issues are framed by the court, on the basis of which arguments and examination of witnesses takes
place. They are framed, keeping in view the disputes in the suit, and the parties are not allowed to
go outside the purview of "Issues". Issues may be of Fact or of Law. While passing final order, the
court will deal with each issue separately, and pass judgment on each issue. Before I joined the
internship, the cases with my advocate had either already started or were on their initial stage. So
I could not actually witness how framing of issues is done.

MAINTAINING LIST OF DEFENCE WITNESSES

Defence witness notices. It requires the accused in a criminal case to give the prosecutor and the
court a notice indicating whether he or she intends to call any witnesses at trial and giving details
of those.

GETTING UNCERTIFIED COPIES OF CROSS-EXAMINATION

Certified copy of order, mean, the final order of court, and having the seal and stamp of court.
Certified copies of order are useful, in case of execution of the order, or in case of Appeal.

Certified copy can be applied by making an application to the Registry of concerned Court, along
with nominal fees for the order.
In case of "urgent requirement" some additional amount has to be deposited.
"Urgent order" can be obtained within a week, and the normal might take 15 days.

OBSERVING EXAMINATION-IN-CHIEF
I was allowed to assist the AdvocateI observed how the questions are to be put in such examinations
and the restrictions on such questions. It is done to question one's own witness. The questions are
of the nature that would require descriptive answers and allow the witness to explain his story. No
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leading questions are allowed to be put to the witness. The questions are in the form of who, what,
when, where, why, how, describe, explain, tell etc.

ASSISTING IN CROSS EXAMINATION

The objective of the cross examination is to test the veracity of the witness of prosecution.

OBSERVING FINAL ARGUMENTS

I witnessed the final arguments of the case under Section 375 read with 376 of the Indian Penal
Code. The case related to false allegations upon the client of the advocate by the girl for the sexual
intercourse on the promise of marriage. The accused was acquitted by the Hon’ble Court of
Session. A number of precedents were placed before the judge and a chain of facts was established
to crystallize the attempt made by the alleged victim to malign the reputation of the accused.

DATE : 1st APRIL , 2025

As it was the first day of my internship, I was made to sit with Sir in his office and see how he
works. As it was Saturday, therefore, he had no proceedings in court. He was working on
Arbitration and was preparing his arguments.

Few new things, which I was introduced to that day, while observing the draft were; ●
LOA-letter of award/acceptance

● LOI-letter of investigation

● RFP-request for proposal

● ROW-right of way

During the observation we were asked to notice all the mistakes made by sir and they were to be
corrected later. This way he made sure that I’m actually paying attention towards how the
arguments are drafted.
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DATE : 2nd APRIL 2025

Place – Faridabad Court

Due to confidentiality reasons names of the matter have been changed.

STAGE OF THE CASE: Filing of Vakalatnama DETAILS OF THE CASE:

The suit was for possession of a house by way of specific performance and for the permanent
injunction. Initially the case was with the other lawyer, representing the Defendant side. He had
already filed the written statement. The case was fixed for replication by the Plaintiff. Meanwhile
the case came to my lawyer. On 3rd Feb, 2025 my lawyer filed Vakalatnama in the honorable court.
On the next date, my lawyer would be filing an interim stay application.

PROCEEDINGS IN THE COURT:

Upon the calling of the name of the case, on the date fixed, we went inside the court. The defendant
was also present along with us. My lawyer explained to the Judge that due to some reason the
earlier lawyer left the case and he was now the new counsel for the defendant. Vakalatnama was
presented and accepted by the Judge. The reader adjusted it in the case’s file. The counsel for the
plaintiff was present along with the plaintiff himself. He filed the replication statement. Replication
is a reply, filed by the plaintiff against the written statement of the defendant. The judge read it a
little and asked the reader to attach it in the file. Pleads were completed on that day. Next date was
fixed for presentation of other important documents on which parties rely and to substantiate their
claims.

My opinion and observation in this case is as follows:

● It is a little cumbersome for the lawyer to handle the case in between. The task of a lawyer
multiplies as he has to understand the case from the beginning.
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● The court proceedings were taken in a very calm manner. The judge didn’t speak much and
accepted the Vakalatnama and replication statement.

● The proceedings took time of just 5 minutes.

Rest of the day I spent in the office reading the files and understanding the way law is applied
practically. My Advocate made me familiar with a few procedural aspects of Code of Criminal
Procedure and Civil Procedure Code. I had observed the clients coming in the chamber and the
way my Advocate and his associate dealt with them.

DATE: 4th April, 2025

Place – Family Court, Faridabad Court

In the case of Sahil Suri vs. Shriya Chawla , the matter was listed in the Family Court

It was a divorce case before the Principal Judge, R.P. Pandey.

Brief facts of the case are-

● Sahil Suri and Shriya Chawla were married to each other.

● They were living in East Delhi but shortly after the marriage, Shriya saw that her husband was
always trying to avoid her.

● Her husband deliberately tried to create misunderstandings so that Shriya leaves him.

● The husband as we got to know was having an extra marital affair and therefore, he always tried
to fight with his wife on petty issues.

● Even the in-laws did not support her. But Shriya was adamant on staying with her matrimonial
family and she did not leave her house.

● Eventually when it became unbearable for her, she went to her parent’s house. And therefore,
the divorce petition was filed by her husband.
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I went to the Family Court along with another intern and we observed the proceeding. On that day,
written arguments were filed by our sir. And a further date was given to us.

DATE: 7th April, 2025

Place - Lawyer’s Chamber, Faridabad Court

I was given a case file to study and it was Chetan Kakkar vs. Vibhu Kakkar and brief facts of this
case are-
● Both the parties were married to each other and they had a son out of their wedlock.

● The wife after sometime started asking for a separate house from the husband. She did not like
to stay with her in-laws. She used to even ask for expensive gifts which the husband could not
afford but eventually under pressure and because he loved his wife, he gave in to her demands.

● After their son came into this world, the husband thought things might now change and maybe
she will stop asking for a separate house. But again, the same did not happen as she was adamant
on her decision to get a separate house.

● When the husband did not fulfill her wish, she started torturing the husband. She left the
matrimonial house with their son and told him that she would only come back if he gets a
separate house.

● The husband cannot leave his parents alone in their old age and therefore, he did not agree to her
and filed a divorce case along with the custody of their son.

The matter was listed in Tis Hazari Court and a fresh petition was filed for divorce and the custody
of the child. A notice was also issued to the wife/respondent.
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DATE: 8th April 2025

Place - Mediation Centre, Faridabad Court

In the case of Malkit Singh vs. State, I was accompanied by the Advocate sir to the Mediation
Centre of Delhi High Court which is also known as Samadhan.

A Mediator of Mediation and Conciliation Centre can be as described under the Mediation and
Conciliation Rules, 2004.

Appointment of mediator/conciliator (Rule 2)

(a) Parties to a suit or other proceeding may agree on the name of the sole mediator/conciliator
for mediating between them.

(b) Where, there are two or more sets of parties and are unable to agree on a sole
mediator/conciliator, the Court may ask each party to nominate the mediator/conciliator or may
nominate/appoint the mediator/conciliator, as it deems fit.

(c) Where parties agree on a sole mediator/conciliator under clause (a) or where the
mediator/conciliator is nominated/appointed by the court under clause (b), the

mediator/conciliator need not necessarily be from the panel of mediators/conciliators referred to in

Rule 3 nor bear the qualifications referred to in Rule 4 but should not be a person who suffers from
the disqualifications referred to in Rule 5.

Panel of mediators/conciliators (Rule 3)

(a) The High Court shall, for the purpose of appointing the mediator/conciliator between the
parties in suits or proceedings, prepare a panel of the mediators/conciliators and put the same
on

the Notice Board within thirty days of coming into force of these Rules, with copy to the High
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Court Bar Association.

(b) (i) The District & Sessions Judge shall, for the purpose of appointing the

mediator/conciliator to mediate between the parties in the suits or proceedings prepare a

panel of the mediators/conciliators within a period of thirty days of the commencement of

these rules and shall submit the same to the High Court for approval. On approval of the said

panel by the High Court, with or without modification, which shall be done within thirty days

of the submission of the panel by the District & Sessions Judge, the same shall be put on the

Notice Board.

(ii) Copies of the said panel referred in clause (i) shall be forwarded to all the

Subordinate Courts by the District & Sessions Judge and to the District Bar

Associations.

(c) The consent of the persons whose names are included in the panel shall be obtained

before empanelling them.

(d) The panel shall contain Annexure giving details of the qualifications of the

mediators/conciliators and their professional or technical experience in different fields.

(e) The panel of mediators/conciliators appointed under Clause (a) and clause (b) (i)

shall normally be for a period of three years from the date of appointment and further

extension of the panel of mediators/conciliators or any mediator/conciliator shall be at

the discretion of the High Court or the District & Sessions Judge with the prior approval of
the High Court, as the case may be.
This was a case of Cheating under section 428 of Indian Penal Code.
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Both the parties agreed to settle the matter in Mediation Centre through the Mediator,
Anjali V ohra. But in the place of the victim, his son was present as the victim was
outside India.
Due to the absence of letter of the authority, the matter could not get sorted. And therefore,
a further date i.e. 28 th
July was assigned to reach settlement.

DATE: 10th APRIL, 2025

Place -
Delhi High Court

In the case of State vs. Vasudev Bhatia , the matter was listed for arguments as per the

section 245(2) of Code of Criminal Procedure for the discharge of the one amongst the

accused.

But the prosecution sought time for producing certain documents which were said to be

locked and sealed in a trunk and that was done without any explanation or any reason

for taking such step and locking/sealing those documents.

An application for the cancellation of non bailable warrant was given in the court.

DATE: 22nd APRIL, 2025

Place- Family Court, Tis Hazari Court

Before the Principle Judge Sudhir Kumar Jain.

In the case of Shikha Saini vs. Gurinder Singh and the brief facts are-

● Parties are married to each other and it’s been around 19-20 years for their
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marriage.

And the matrimonial home is in Sector 15, Chandigarh.

● They have two sons out of their wedlock.

● The wife i.e. Shikha Saini was treated badly by the in laws and the husband.

She was tortured badly by the husband and even her sister-in-laws.

● After so much ill treatment, she came back to her parent’s house which is in

Dwarka, Delhi. And it’s been 11 years that she is asking for maintenance from

her husband. The parties are living separately and are not divorced. Both the

sons are living with their father. Custody is with the respondent.

● As per the information given, the respondent is a Homeopathic Doctor and has

a bungalow in Sector 15, Chandigarh. She wants maintenance from her

husband but he is not willing to maintain her.

After such a long period of 11 years, the respondent agreed and both of them have

shown their willingness to settle down the things.

Therefore, the Principal Judge gave a further date for the settling of the case i.e. 18 th

of May
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DATE: 14th APRIL, 2025

Place - Lawyer’s Chamber, Faridabad Court

In the case of SBI vs. Sayeed Ahmed Siddiqui and the brief facts of this case are- ●
The respondent is a retired judge. He was a judge in the city Muzzafarnagar
of Uttar Pradesh.

● One day, he went to take out some cash from the ATM of State Bank of

India. There were two machines in the room and when he tried to take some cash
out, the machine dint respond and he pressed the cancel button. And

after that, he went to the other machine.

● He took out Rs.2500 from his account and left the premise. There was only a

person outside the premise as told by the respondent in this case as he saw.

● The moment he left the ATM and came out, a message popped up on his

mobile which said that Rs.25000 were debited out from his account. He

directly went to the bank and told what all happened.

● The Bank looked into the matter and tried to sort the problem but later they

did not help him. Therefore, he filed a case.

● As he was a judge, his case came to his court only and to maintain

transparency, he asked the authorities to transfer the case to some other court

as he can’t decide his own case. So the case was transferred.

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● The judgement was delivered in favour of the respondent as there the CCTV

cameras were inoperative and when the machine itself was not working

properly then why the machine was kept there.

● But the bank was aggrieved by the decision and it filed against the decision

given by the District Court.

Finally, the matter is listed in the National Consumer Dispute Redressal Commission

(NCDRC) before Hon’ble Justice AjitBharihoke.

We filed the written submission on the behalf of the respondent and a next date was

given for further hearing the matter.

Date : 24th APRIL, 2025

Place
Faridabad Court

In court, a matter was listed for framing of charges in a criminal case, primarily

involving Ss. 420 IPC (cheating) and 120B (criminal breach of trust). The police had

filed charge-sheet implicating the accused of the crime and so had kept him in column

11 of chargesheet. No charges were framed against the father of accused, alleged to be

co-accused in this case by complainant, so his name was kept in column 12 of the
charge-sheet.
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Arguments were held on behalf of the accused to get both of them discharged, however,
the court discharged only the father of the accused considering that police did not find
his involvement in its investigation and complainant could not put forth any credible
proof of his involvement. At the time of framing of charges the victim/ complainant was
also summoned. The matter of framing of charges was being held for the last three
hearings. The court got prima facie satisfied with the allegations and framed charges as
under-

1. Whether the crime of cheating under section 420 IPC is proved against the accused beyond
reasonable doubt?
2. Whether the crime of criminal breach of trust under section 120B IPC is proved

against the accused beyond reasonable doubt?

DATE : 25th APRIL, 2025

Place- The Family Court of Tis Hazari Court,

In a Civil case I attended a date with my guide who was representing the

petitioner. The counsel of respondent was to do the cross-examination of our

witness. The Respondent’s counsel sought next date for doing

cross-examination at which Magistrate got irked and warned him that cost

will be imposed for delaying the case. At this respondent’s counsel started

cross-examination.

It was surprising to note that the cross-examination was carried out by

lawyers and typist was noting down the observations, as guided by lawyers

of both sides, whereas the Magistrate was busy with other case . This was

may be due to excessive pendency in courts but the purpose of carrying out
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cross-examination gets defeated as Magistrate could not have observed the

demeanor and conduct of witness for effective delivery of justice.

DATE: 26th APRIL, 2025

Place- Faridabad Court

Today I went with the associate Ms. Jyoti to the Dwarka court for the following matter.

STAGE OF THE CASE : Cross Examination not happened due to absence of

defendant

DETAILS OF THE CASE:

This was maintenance suit under Section 125, The Code of Criminal Procedure, 1873

by wife against her husband. As the maintenance case was pending another application

for interim maintenance was filed. Husband had acted with cruelty from last three

years. He had also thrown her out of the matrimonial house thrice. But after

compromises wife was rehabilitated. Later, husband stopped giving maintenance to the

wife and children. Rs 10,000 was claimed on behalf of wife plus school fees and basic

maintenance charges for the children as maintenance. As the proceedings were taking

time another interim application was made due to urgent need as wife was facing

financial difficulties.
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PROCEEDINGS IN THE COURT:

The date was fixed for the cross examination of the husband. His statement was
supposed to be recorded but before lunch time my lawyer was busy and couldn’t attend
the proceedings. The court gave time after lunch for the cross examination. Meanwhile
the accused waited in the court for some time. After lunch when my lawyer went for
the examination the counsel of the accused gave medical certificate on the behalf of
accused. The accused had already left.
Next date of hearing was after one and half month from the present date. My
opinion and observation in this case is as follows:

● The proceedings get delayed as the procedures are must to follow in the interest of
justice and equity which leads to giving long next dates. In the present case,

the counsel for the defendant gave medical certificate on behalf of the

defendant. The court had the only option to go by procedure and to accept the

medical as a fair reason of defendant’s absence was present. This led to

non-happening of the cross examination and date was fixed for one and half

month.

● The delay in proceeding is sometimes also caused due to the fault of counsel

himself as he is not able to appear some of the times due to busy schedule.

● The witness or the parties many a times intentionally skip the proceedings by

remaining absent in order to delay the proceeding as cause loss to the other

party who in turn suffers the agony of delayed trials.

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● The judge has burden of multiple cases at a time due to which fixing of near

dates is not possible.

DATE: 28th APRIL , 2025

Place - Lawyer’s Chamber, Faridabad Court

A general discussion was done with the advocate to learn how a case is planned

and initiated. I was made to understand that the basis of giving directions to

a case starts from the beginning itself at the time of filing of petition or

written submission. All the possibilities regarding remedies available or the

flaws in petition, as the case may be, should remain on the tips of a lawyer,

which of course depends on the experience. A lawyer should have an open

mind and remain alert with the developments in the surroundings. There are

several different types of cases which are related to different special

knowledge like medico-legal cases, so a lawyer should have a basic

understanding of each and every special field.

In the end I was also made to understand that while dealing with your client one

should not forget that the legal profession should not be treated “only” as a

“source of livelihood”, rather at the same time, one should not forget his

duty towards society, which obligation, in the capacity of an advocate,

increases when, the litigant belongs to needy and lower strata of the society

and further, is sometimes even illiterate.

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DATE: 29th APRIL, 2025

Place- Faridabad Court

With the permission of advocate, observed the techniques and procedures of client handling.
With past observations it had been gathered that it is necessary to
sync with the mental condition of a client. A case came in which client was
got arrested by a complainant, which according to client was based on false
and frivolous complaint. The client was very infuriated and wanted to inflict
injury on other party by taking legal recourse. The advocate listened to him
patiently without confronting him that any legal recourse for inflicting injury
is not a viable option. After patient hearing the advocate provided the client

proper counseling wherein first all the legal options available were told.

Then the pros and cons of each option was told and relative chances of

success in each option were discussed. Then slowly and steadily the client

was calmed down and made to think that what he wanted and how much

resources he has to fight a continuous legal battle. It was thrilling to see that

how much vast social responsibility lies with a lawyer and how he can make

to alter the thinking of a disturbed client for the betterment of that individual

and society in general.

DATE : 30th APRIL, 2025

Place- Faridabad Court

Attended the case in Dwarka court for getting the experience of cross-examination of a

witness in a civil case. It was learnt here that CPC had been amended consequent to
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which examination in chief was to be compulsorily made on affidavit and a copy to be

supplied to opposite party vide Order XVIII Rule 4 of CPC. The respondent’s counsel,

before starting cross-examination, raised the objection that the aggrieved party has not

brought original documents to substantiate their allegations and also they have not

submitted the certificate as per Section 65B of Indian Evidence Act. On these grounds

the respondent's counsel said that without these basic documents cross-examination

cannot be held as there was nothing with the petitioner to substantiate their allegations.

The court accepted the arguments and gave the next date for cross-examination.

However, next the counsel for petitioner requested the court to appoint the Local

Commissioner for the cross-examination under Order XXVI of CPC for

expediting the finalizing of the case. At this the respondent’s counsel

objected that as there is no inordinate delay so the court should not allow

such extraordinary process for delivery of justice. Anyhow the delay, if any,

is on part of petitioner itself. At this court turned down the request of the

petitioner.

DRAFTING

APPLICATION ON BEHALF OF DEFENDANT(S) UNDER SECTION 151 OF THE

CODE OF

CIVIL PROCEDURE, 1908 FOR RECALLING OF THE ORDER DATED 11.07.2024,

VIDE

WHICH THE DEFENDANT HAS BEEN PROCEEDED EX PARTE AND, FURTHER,

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SEEKING CROSS EXAMINATIONOF THE PLAINTIFF (PW1) AND SH. VIJAY

KUMAR (PW2), EXAMINED ON BEHALF OF THE PLAINTIFF

MOST RESPECTFULLY SHOWETH:

1. That, the abovementioned suit was earlier going on before the Hon’ble Delhi High Court,
wherein the proceedings qua indigence of the defendant were adjudicated. However,
subsequently, upon raising of the pecuniary jurisdiction matter was transferred to this Hon’ble
Court.

2. That, it is most respectfully and humbly submitted that, it appears that the orders dated
12.05.2024 and 11.07.2024 have been passed by this Hon’ble Court

inadvertently, since the same are contrary to the earlier orders passed in the

matter.

3. That, it is respectfully submitted that, earlier the matter was being proceeded qua

indigency of the petitioner/plaintiff, for which purpose the plaintiff got himself

examined as PW1 before the Hon’ble Delhi high court and vide order dated

18.07.2024 right of the defendant to cross examine the plaintiff was closed. It Is

pertinent to mention here that vide order dated 12.10.2023, upon having received

the report of the SDM, Darbhanga, Bihar, regarding the financial status of the

petitioner/plaintiff, the matter has listed for consideration vide order dated

12.10.2023 for 11.01.2024

4. That, however, vide order dated 11.01.2024 that matter was transferred to the lower

court, pursuant to the notification dated 24.11.2023, upon increase in the

pecuniary jurisdiction of Hon’ble Delhi High Court. It would not be out of context
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to mention here that on 11.06.2024 when the matter was transferred to this

Hon’ble Court for 01.04.2023 none was present on behalf of the defendant(s).

5. That, on 01.04.2024 the matter was listed by this Hon’ble Court for 12.05.2024 for

personal appearance of the plaintiff only and not for the defendant.

6. That, it is most respectfully and humbly submitted that, in the absence of any notice

that fact of listing of the matter before this Hon’ble Court on the said dates was

not within the knowledge of the defendant and/or his counsel, who are from

Patiala house Courts.

7. That, on 12.05.2024 the matter was inadvertently listed for cross examination of

PW1 for

11.07.2018, when the same already stood closed vide order dated 18.07.2024.

8. That, therefore, under these circumstances, it is respectfully submitted that, there was

no occasion for his Hon’ble Court for proceeding the defendant ex parte. It is

further respectfully submitted that, even otherwise the issue of declaration of the

plaintiff/petitioner by the Hon’ble High Court was never contested seriously by

the defendant, which is matter of record, since, according to the counsel, it was

matter between the Hon’ble Court and the plaintiff, which was not likely to effect

merits of the case/defense on the part of defendant.

9. That, in this scenario, it is submitted that, the defendant was under the impression that he would
be getting notice of the case, after adjudication qua declaration of the suit/petition. It is also
respectfully submitted that even otherwise the defendant was not in a position to trace the
 27

listing of the matter before this Hon’ble Court on the said dates. However, when the
undersigned counsel visited the Rohini Courts in respect of other matter m after having not
found this case in Patiala House
Courts, Tis Hazari Courts And Dwarka Courts, he could trace the same before this
Hon’ble Court and, accordingly without inspecting the judicial file, he moved an
application dated 05.12.2024, which was listed for 13.1.2025, when upon the advice
by the Hon’ble Court, the undersigned counsel sought adornment to file appropriate
application, which is being done by way of present application, after procuring
certified copies of the order sheet on 09.20.2024

10. That, absence of the undersigned counsel on the said dates (including on

11.07.2023) was neither intentional nor deliberate, but due to above mentioned
reason.

In view of the foregoing it is most humbly and respectfully prayed that order dated

11. 07.2023, vide which the defendant has been proceeded ex-parte, may kindly be
recalled and he (defendant) may kindly be permitted to cross-examine the two
witness, as mentioned above, for which purpose copies for their evidence by way
of affidavits, along with their annexures, may further be directed to supplied.
And/or any other order as may be deemed fit and proper in the facts and
circumstances of the present case may also be passed in the matter in favour of
the defendant and against the plaintiff.
 28

IN THE SUPREME COURT OF INDIA

ORDER XVI RULE (1)(a)

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO. …….. OF 2025

IN THE MATTER OF:

SUNNY KAKKAR …APPELLANT VERSUS DIRECTORATE OF REVENUE

…RESPONDENT

The present petition for SLP is directed against the final judgement and order dated

03.02.2019 of the HC of Delhi at new Delhi in PIL writ petition (c) no. 886/2019,

which has been dismissed on the ground that the same is based on the personal

grievance of the petitioner and that no element of PI is involve, while taking note

of the fact that the petitioner has also filed LPA No.91/2019, which was also listed

that very day.

It is respectfully submitted that the HC wrongly took the view that no public

interest was involved in the matter, since the petitioner as not going to be

benefitted if the prayer of the PIL was allowed and rules in respect of filling of
 29

petition by a government agency/department, like Directorate of Revenue

Intelligence in Delhi HC, were laid down. In respect of services of its advance copy,
so that the ordinary citizen of the country, in terms of principle of natural justice,
could represent his case at the time of its hearing and grant of stay, if any , against
the impugned order, passed in his favour by the lower court. It is submitted that this
could avoid multiplicity of litigation, and further, harassment and humiliation to
the litigant and also could save judicial time. It is pertinent to mention here that, in
order to substantiate this aspect of the matter, the petitioner had given example of
his own case, wherein, besides flouting the settled norms in this regard, DRI,
without serving any advance copy the petitioner, got the matter listed in some other
means, so that the same could not be traced at the time of its hearing and, later on,
procured stay of order dated 31.08.2019 of the Trail Court, impugned by it,
directing release of his (petitioner’s) vehicle.
It is further, respectfully submitted that pendency of the LPA no 91/2019 in the same
cause ought not to have been ground for dismissal of the PIL, which was altogether for
different cause and which substantiated grievances of a particular class of litigants under
similar circumstances, thereby, necessitation laying down of appropriate rule by the HC on
the administrative side

QUESTIONS OF LAW

a. Whether the HC was right in dismissing the PIL on the ground that the matter

involved personal grievance of the petitioner and that no element of PI was

involved, when grant of the prayer in that PIL would not have benefitted the

petitioner at that point of that time.

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b. Whether, the HC was right in rejecting the PIL, when admittedly the government

agency/department, like DRI, is following the practice of not serving advance

copies if the petitions filled by it (before the HC), which amounts to defrauding

the ordinary citizen, who is taken by surprise subsequently, when in violation of

principles of natural justice, in his absence orders passed by the lower court in his

favour are stayed as has been dine in the case of present petitioner?

c. Whether the HC was right in rejecting the PIL, despite the fact than non-supply of

advance copy by the government agency/department, like DRI, to the ordinary

citizen under these kinds

of peculiar circumstances (wherein in favourable order passed for a litigant by the trial

court in respect of his right to property), amounts to violation of principle of natural

justice at the time of hearing of such case(s) and subsequently leading to passing of stay

order from the appellate/Revisional Court qua those favorable orders of the lower

court(s) ?

d. Whether the HC was right in rejecting the PIL, despite the fact that there is no

provision under Crpc, 1973 like that of CPC, 1908, wherein, after procuring such

kind of ex parte stay order, the petition along with the order to stay upon the

respondent, so that the effected party could take appropriate steps, in case stay

order has been procured by suppression/misrepresentation of any facts?

e. Whether the HC was right in rejecting the PIL on the ground of pendency of LPA

No.91/2019 under similar facts, when cause of action involved therein was altogether
different and which substantiated grievance of a particular class of litigant under
 31

similar circumstances, thereby, necessitating laying down of appropriate rules by the

HC on the administrative side?
3. DECLARATION IN TERMS OF RULES 4(2)?
The petitioner states that no other petition seeking leave to appeal been filed by him
against the impugned judgement and orders.
4. DECLARATION IN TERMS OF RULES 6
The Annexures (P-1 to P-) produced along with the S.L.P are the true copies of the
pleadings/documents which formed part of the records of the case in the court
/Tribunal below against whose order the leave to appeal is sought for in this petition.

5. GROUDS:

A. Because the HC gravely erred in dismissing the PIL on the ground that the matter

involved personal grievance of the petitioner and that no element of PI was involved,

when grant of the prayer in that PIL would not have benefitted the petitioner at that

point of time.

B. because of HC gravely erred in dismissing the PIL, when admittedly the government

Agency/Department , like DRI , is following the practice of not serving advance copies

of the petitions filed by it (before the HC), which amounts to defrauding the ordinary

citizen, who is taken by surprise to defrauding the ordinary citizen, who is taken by

surprise subsequently,

when , in violation of principles of natural justice, in his absence orders by the Lower
 32

Court in his favor are stayed, as has been done in the case of present petitioner.

C. Because the high court gravely erred in dismissing the PIL, despite the fact that non

supply of advance copy the government agency/Department, like DRI, to the ordinary

citizen under these kind of peculiar circumstances (wherein favorable order has been

passed for a litigant by the Trail Court in respect of his right to property), amounts to

violation of Natural Justice

at the time of hearing of such case(s) and, subsequently, leading to passing of stay

order(s) from the Appellate/Revisional Court qua those favorable orders of the

lower court(s).

D. Because the HC gravely erred in dismissing the PIL, despite the fact that there is no

provision under Crpc, 1973 like that of CPC, 1908, wherein, after procuring such kind

of ex parte stay order, the petitioner/appellant is under obligation to serve immediately

copy of such petition along with the order of stay upon the respondent, so that the

effected party could take appropriate steps, in case stay order has been procured by

suppression/misrepresentation of any facts.

E. Because the High Court gravely erred in dismissing the PIL on the ground of pendency

of the LPA No. 91/2019 under similar facts, when cause of action involved therein was

altogether different and which substantiated grievances of a particular class of litigants

under similar circumstances, thereby, necessitating laying down pf appropriate rules by the
HC on the administrative side.
F. Because the High Court in coming to an altogether different conclusion contrary to the
principles, laid down by this Hon’blecourt in this field, without the help of any judicial
pronouncement in this regard.
G. Because the impugned order is contrary to facts and established principles of law.
 33

6. GROUNDS FOR INTERM RELIEF:

A. Because the petitioner will suffer irreparable loss and injury if the order of the HC is
implemented as the said order is against the record of the case.

B. Because the balance of convenience is in favor of the petitioner

7. PRAYER:

In view of foregoing it is humbly prayed that this Hon’ble Court be pleased to:

a) Grant special leave to appeal against the final judgement and order dated 03.02.2019

passed by the Division Bench of High Court of Delhi In Public Interest Litigation

Writ Petition (C)

No. 886/2019; and

b) Pass such order and further order or orders as this Hon’ble court may deem fir and

proper in the facts and circumstances of the case

CONCLUSION

In the end, I would like to opine that the real legal practice is absolutely different from

the theoretical version of law which we study. Without exposure to the real word, one

cannot understand the analytical and positive application of law and jurisprudence and

the actual function and structure of law. What we study is the body, but what we have

learnt from his internship is the mechanism of this body.

 34

I was surprised to see how the simplest of laws were applicable in the most difficult of

situations and how loopholes leave so much scope for evaluation and improvisation

today in this field. I also observed that law is everything but constant but with the same

soul as that of a human. In other words or as that of our counsel, laws may come and

law may repeal, but they must always stay true to our original values and in case of law,

they must always be faithful to the constitution, which is the most supreme law of the land
and governs all equals and unequals in respect of each other.
With a vote of thanks and gratitude for reading this report thoroughly and for giving me
this wonderful opportunity to grow my vision in this field, I conclude this report with a
great lot in my mind.
My sir has specifically warned me regarding cross examination of the witnesses in the
criminal matter to be very cautious as (what not to be “asked” is more important than
(what is to be asked) from the witness