APPENDIX A

PLEADINGS

(1) TITLES OF SUITS

IN THE COURT OF

A. B. (add description and residence)……………………………… Plaintiff,

Against

C. D. (add description and residence……………………………… Defendant

(2) DESCRIPTION OF PARTIES IN PARTICULAR CASES

1[The Union of India or the State of ……………………, as the case may be.]

The Advocate General of ____________________

The Collector of ___________________________

The State of ______________________________

The A. B. Company, Limited having its registered office at ______________

A. B., a public officer of the C. D. Company. ________________________

A. B. (add description and residence), on behalf of himself and all other creditors of C. D., late of (add description and residence).

________________

A .B. (add description and residence), on behalf of himself and all other holders of debentures issued by the

Company Limited. ________________________

The Official Receiver. ______________________

A. B., a minor (add description and residence), by C. D. [or by the Court of Wards], his next friend. ________________

A. B. (add description and residence), a person of unsound mind [or of weak mind] by C. D. his next friend.________________________

A. B., a firm carrying on business in partnership at _____________________

A. (add description and residence), by his constituted attorney C. D. (add description and residence). __________________

A. B. (add description and residence), shebait of Thakur. _______________

A. B. (add description and residence), executor of C. D., deceased._____________________

A. B., (add description and residence), heir of C.D., deceased,

1. Substituted by the A.O. 1950, for the words “the Secretary of State or the Federation of India or the Province of ………, as the case may be,”.

(3) PLAINTS

No. 1:MONEY LENT

(TITLE)

A.. B. the above-named plaintiff, states as follows: -

1. On the _____ day of ______ 19 ____, ____he lent the defendant ____ rupees repayable on the ____ day of _____19____

2. The defendant has not paid the same, except ________ rupees paid on the ______ day of _____ 19 ____.

[if the plaintiff claims exemption from any law of limitation, say : -]

3. The plaintiff was a minor [or insane] from the _____________ day of till the ______ day of ________

4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]

5. The value of the subject-matter of the suit for the purpose of jurisdiction is _______ rupees and for the purpose of Court-fees is ________ rupees.

6. The plaintiff claims ______ rupees, with interest at ________ per cent. from the _______ day of _____ 19____

NO. 2:MONEY OVERPAID

(TITLE)

A. B., the above-named plaintiff, states as follows: -

1. On the _______ day of _____ 19 ____, the plaintiff agreed to buy and the defendant agreed to sell _____ bars of silver at ______ annas per tola of fine silver.

2. The plaintiff procured the said bars to be assayed by E. F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant ______ rupees.

3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment.

4. The defendant has not repaid the sum so overpaid.

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

NO. 3:GOODS SOLD AT A FIXED PRICE AND DELIVERED

(TITLE)

A.. B., the above-named plaintiff states as follows: -

1. On the ____ day of ______ 19 _____, E. F. sold and delivered to the defendant [one hundred barrels of flour, or the goods mentioned in the schedule hereto annexed, or sundry goods.]

2. The defendant promised to pay ______ rupees for the said goods on delivery [or on the ________ day of ______, some day before the plaint was filed].

3. He has not paid the same.

4. E. F. died on the _________ day of 19 _________ By his last will he appointed his brother, the plaintiff his executor.

[As in paras. 4 and 5 of Form No. 1.]

7. The plaintiff as executor of E. F. claims [Relief Claimed].

No. 4:GOODS SOLD AT A REASONABLE PRICE AND DELIVERED

(TITLE)

A. B., the above-named plaintiff, states as follows: -

1. On the ______ day of _______ 19 ____, plaintiff gold and delivered to the defendant [sundry articles of house-furniture], but no express agreement was made as to the price.

2. The goods were reasonably worth ________ rupees.

3. The defendant has not paid the money.

[As in paras. 4 and 5 of Form No. 1, and relief claimed

NO. 5:GOODS MADE AT DEPENDANT’S REQUEST, AND NOT ACCEPTED

(TITLE)

A. B. the above-named plaintiff, states as follows:—

1. On the ___________ day of ______ 19 _____, E, F. agreed with the plaintiff that the plaintiff should make for him [six tables and fifty chairs] and that E.F. should pay for the goods on delivery _______________ rupees.

2. The plaintiff made the goods, and on the __________ day of ________ 19__, offered to deliver them to E.F., and has ever since been ready and willing so to do.

3. E. F. has not accepted the goods or paid for them.

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

No. 6

DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]

(TITLE)

A. B., the above-named plaintiff, states as follows: -

1. On the ______ day of ________ 19 _____, the plaintiff put up at auction sundry [goods], subject to the condition that all goods not paid for and removed by the purchaser within.[ten days] after the sale should be re-sold by auction on his account, of which condition the defendant had notice.

2. The defendant purchased [one crate of crockery] at the auction at the price of ______ rupees.

3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after.

4. The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards.

5. On the _______ day of ______ 19 ____, the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for _______ rupees.

6. The expenses attendant upon such re-sale amounted to _________ rupees.

7. The defendant has not paid the deficiency thus arising, amounting to rupees. [As in paras. 4 and 5 of Form No. 1, and Relief claimed,]

NO. 7:SERVICES AT A REASONABLE RATE

(TITLE)

A. B., the above-named plaintiff, states as follows: -

1. Between the _____ day of _____ 19____, and the _________ day of _____ 19 ____, at _____, plaintiff [executed sundry drawings, designs and diagrams] for the defendant, at his request; but no express agreement was made as to the sum to be paid for such services.

2. The services were reasonably worth ______ rupees.

3. The defendant has not paid the money.

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

NO. 8:SERVICES AND MATERIALS AT A REASONABLE COST

(TITLE)

A. B., the above-named plaintiff, states as follows: -

1. On the _______ day of ____ 19____, at _____, the plaintiff built a house [known as No. ____ , in ______ ], and furnished the materials therefor, for the defendant, at his request, but no express agreement was made as to the amount to be paid for such work and materials.

2. The work done and materials supplied were reasonably worth ______ rupees.

3. The defendant has not paid the money.

(As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

NO. 9:USE AND OCCUPATION

(TITLE)

A. B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows: -

1. That the defendant occupied the [house No. ______ , _______ Street], by permission of the said X. Y., from the ____ day of _____ 19 ____ until the day of _______ 19 _____, and no agreement was made as to payment for the use of the said premises.

2. That the use of the said premises for the said period was reasonably worth ______ rupees.

3. The defendant has not paid the money.

[As in paras. 4 and 5 of Form No. l.]

4. The plaintiff as executor of X. Y., claims [Relief claimed].

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