THE CODE OF CIVIL PROCEDURE, 1908

[VOLUME – IV]

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].

NO. 10:ON AN AWARD

(TITLE)

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

1. On the ______ day of _______ 19 _____, the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay], agreed in writing to submit the difference to the arbitration of E.F. and G. H. and the original document is annexed hereto.

2. On the _____ day of _______ 19_____, the arbitrators awarded that the defendant should [pay the plaintiff _______ rupees].

3. The defendant has not paid the money.

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

NO. 11:ON A FOREIGN JUDGEMENT

(TITLE)

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

1. On the _______ day of _____ 19 ______, at _________, in the State [or Kingdom,] of ______, the _______ Court of that State [ or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff ____________ rupees, with interest from the said date.

2. The defendant has not paid the money.

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

NO. 12:AGAINST SURETY FOR PAYMENT OF RENT

(TITLE)

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

1. On the ________ day of ______ 19 _______, E. F. hired from the plaintiff for the term of years, the [house No. _______, ____________ street], at the annual rent of ___________ rupees, payable [monthly].

2. The defendant agreed, in consideration of the letting of the premises to E. F. to guarantee the punctual payment of the rent.

3. The rent for the month of _______ 19 _______, amounting to _______ rupees, has not been paid.

[If, by the terms of the agreement, notice is required to be given to the surety, add: -]

4. On the ______ day of ______ 19 _______, the plaintiff gave notice to the defendant of the non payment of the rent, and demanded payment thereof.

5. The defendant has not paid the same.

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

NO. 13:BREACH OF AGREEMENT TO PURCHASE LAND

(TITLE)

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

1. On the _____ day of ______ 19 ______, the plaintiff and defendant entered into an agreement, and the original document is hereto annexed.

[Or, on the ______ day of ________19 ________, the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of _____ for _______ rupees.]

2. On the _______ day of _______19 ______, the plaintiff, being then the absolute owner of the property [and the same being free from all incumbrances, as was made to appear to the defendant, tendered to the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the sum agreed upon.

3. The defendant has not paid the money.

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

NO. 14:NOT DELIVERING GOODS SOLD

(TITLE)

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

1. On the __________ day of ________19 _____, the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the _______ day of _______ 19 ___, and that the plaintiff should pay therefor _____ rupees on delivery.

2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods.

3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery.

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

NO. 15:WRONGFUL DISMISSAL

(TITLE)

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

1. On the ______ day of _____ 19 ____, the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services _______ rupees [monthly].

2. On the _______ day of _____ 19 ____, the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice.

3. On the _______ day of ______ 19 ____, the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services.

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

NO. 16:BREACH OF CONTRACT TO SERVE

(TITLE)

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

1. On the ________ day of ______ 19 _____, the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an [annual] salary of _______ rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year].

2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day of _____ 19 ____, offered so to do].

3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, on the _________ day of ______ 19 ____, he refused to serve the plaintiff as aforesaid.

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

NO. 17:AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP

(TITLE)

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

1. On the _______ day of ______ 19 ____, the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [Or state the tenor of the contract.)

2. The plaintiff duly performed all the conditions of the agreement on his part.]

3. The defendant [built the house referred to in the agreement in a bad and unworkman like manner].

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

NO. 18:ON A BOND FOR THE FIDELITY OF A CLERK

(TITLE)

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

1. On the ______ day of _____ 19 ____, the plaintiff took E. F. into his employment as a clerk.

2. In consideration thereof, on the _______ day of ______ 19 ____, the defendant agreed with the plaintiff that if E. F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding ______ rupees.

[Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to Pay the plaintiff the penal sum of __________ rupees, subject to the condition that if E. F. should faithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all monies, evidences of debt or other property which should be at any time held by him in trust for the plaintiff, the bond should be void.]

(Or, 2. In consideration thereof, on the same date the defendant executed a bond in favour of the plaintiff, and the original document is hereto annexed.]

3. Between the ______ day of ______ 19 ___, and the _______ day of ____ 19 ___, E. F. received money and other property, amounting to the value of _____ rupees, for the use of the plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid.

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

NO. 19:BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE

(TITLE)

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

1. On the ______ Pay of _____ 19 ___, the defendant, by a registered instrument, let to the plaintiff [the house No. _____, _____ Street] for the term of ________ years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term.

2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit.

3. On the _____ day of ____ 19 ____, during the said term, E. F., who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from him.

4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was compelled to expend __________ rupees in moving, and lost the custom of G. H. and I. J. by such removal].

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

NO. 20:ON AN AGREEMENT OF INDEMNITY

(TITLE)

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

1. On the ______ day of _____ 19 ____, the plaintiff and defendant, being partners in trade under the style of A. B. and C. D., dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm.

2. The plaintiff duly performed all the conditions of the agreement on his part.

3. On the ________ day of _____ 19 ____, judgment was recovered against the plaintiff and defendant by E. F., in the High Court of Judicature at, upon a debt due from the firm to E. F., and on the day of ______ 19 ____,] the plaintiff paid ______ rupees [in satisfaction of the same].

4. The defendant has not paid the same to the plaintiff.

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

No. 21:PROCURING PROPERTY BY FRAUD

(TITLE)

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

1. On the ________ day of _____ 19 ___, the defendant, for the purpose of inducing the plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and worth rupees over all his liabilities].

2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of rupees.

3. The said representations were false [or state the particular falsehoods] and were then known by the defendant to be so.

4. The defendant has not paid for the goods. [Or, if the goods were not delivered.] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended _______ rupees.

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

NO. 22:FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON

(TITLE)

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

1. On the ______ day of _____ 19 ____, the defendant represented to the plaintiff that E.F., was solvent and in good credit, and worth ________ rupees over all his liabilities [or that E.F. then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit].

2. The plaintiff was thereby induced to sell to E.F. (rice) of the value of _______ rupees [on months credit].

3. The said representations were false and were then known by the defendant to be so, and were made by him with intent to deceive and defraud the plaintiff for to deceive and injure the plaintiff].

4. E. F. [did not pay fort he said goods at the expiration of the credit aforesaid, or] has not paid for the said rice and the plaintiff has wholly lost the same.

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

NO. 23:POLLUTING THE WATER UNDER THE PLAINTIFF’S LAND

(TITLE)

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

1. The plaintiff is, and at an all the times hereinafter mentioned was, possessed of certain land called ______ and situate in _____ and of a well therein, and of water in the well, and was entitled to the use and benefit of the well and of the water therein, and to have certain springs and streams of water which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.

2. On the ______ day of _____ 19 ____, the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well.

3. In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.

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

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