NO. 24:CARRYING ON A NOXIOUS MANUFACTURE

(TITLE)

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

1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called ______, situate in _____.

2. Ever since the _____ day of _____ 19 ___, the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands.

3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and live-stock of the plaintiff on the lands became unhealthy, and many of them were poisoned and died.

4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle,, sheep and farming-stock therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise would have had.

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

NO. 25:OBSTRUCTING A RIGHT OF WAY

(TITLE)

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

1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of ________ ].

2. He was entitled to a right of way from the [house] over a certain field to a public highway and back again from the highway over The field to the house, for himself and his servants [with vehicles, or on foot] at all times of the year.

3. On the _________ day of _____ 19 ______, defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and has ever since wrongfully obstructed the same].

4. (State special damage, if any.)

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

NO. 26:OBSTRUCTING A HIGHWAY

(TITLE)

1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from ___ to _____ so as to obstruct it.

2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones. [or into the said trench] and broke his arm, and suffered great pain, and was prevented from attending to his business for a long time, and incurred expense for medical attendance.

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

NO. 27:DIVERTING A WATER-COURSE

(TITLE)

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

1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the _________, in the village of _________, district of _________.

2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill.

3. On the ______ day of _____ 19 _____, the defendant, by cutting the bank of the stream, wrongfully diverted the water thereof, so that less water ran into the plaintiff’s mill.

4. By reason thereof the plaintiff has been unable to grind more than sacks per day, whereas, before the said diversion of water, he was able to grind ________ sacks per day.

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

NO. 28:OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION

(TITLE)

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

1. Plaintiff is, and was at the time hereinafter mentioned, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands.

2. On the ____ day of _______19 ____, the defendant prevented the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the said stream.

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

NO. 29:INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD

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

1. On the _______ day of _______ 19_____, the defendants were common carriers of passengers by railway between ________ and

2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway.

3. While he was such passenger, at ________ [or near the station of ________ or __________ between the stations of ______], a collision occurred on the said railway caused by the negligence and unskilfulness of the defendant’ servants, whereby the plaintiff was much injured [ having his leg broken, his head cut, etc., and state the special damage, if any, as], and incurred expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman].

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

[Or thus : -2. On that day the defendants by their servants so negligently and unskillfully droves and managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para. 3.]

NO. 30:INJURIES CAUSED BY NEGLIGENT DRIVING

(TITLE)

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

1. The plaintiff is a shoemaker, carrying on business at ________. The defendant is a merchant of.

2. On the _______ day of ________ 19___, the plaintiff was walking southward along Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant’s, drawn by two horses under the charge and control of the defendant’s warrants, was negligently,, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses.

3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering, and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits.

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

NO. 31:FOR MALICIOUS PROSECUTION

(TITLE)

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

1. On the ________ day of ______ 19___, the defendant obtained a warrant of arrest from ______ [a Magistrate of the said city, or as the case may be] on a charge of _______, and the plaintiff was arrested thereon, and imprisoned for _____ [days, or hours, and gave bail in the sum of ___________ rupees to obtain his release].

2. In so doing the defendant acted maliciously and without reasonable or probable cause.

3. On the ___________ day of _________ 19___, the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.

4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E. F., or in consequence the plaintiff suffered plain of body and mind, and was prevented from transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the, said complaint.

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

NO. 32:MOVABLES WRONGFULLY DETAINED

(TITLE)

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

1. On the day of _______ 19_____ plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods,] the estimated value of which is ______ rupees.

2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff.

3. Before the commencement of the suit, to wit, on the day of 19, the plaintiff demanded the same from the defendant, but he refused to deliver them.

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

6. The plaintiff claims-1

(1) Delivery of the said goods, or ________ rupees, in case delivery cannot be had;

(2) ______________ Rupees compensation for the detention thereof.

THE SCHEDULE

NO. 33:AGAINST A FRAUDULENT PURCHASER AND HIS TRANSFEREE WITH NOTICE

(TITLE)

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

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

2. The plaintiff was thereby induced to sell and deliver to C. D. [one hundred boxes of teal], the estimated value of which is _______ rupees.

3. The said representations were false, and were then known by C. D. to be so [or at the time of making the said representations, C. D. was insolvent, and knew himself to be so].,

4. C. D. afterwards transferred the said goods to the defendant E. F. without consideration [or who had notice of the falsity of the representation].

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

7. The plaintiff claims-

(1) Delivery of the said goods, or _______ rupees, in case delivery cannot be had;

(2) Rupees compensation for the detention thereof.

NO. 34:RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE

(TITLE)

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

1. On the day of ______19 ,the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at , contained [ten bighas].

2. The plaintiff was thereby induced to purchase the same at the price of rupees in the belief that the said representation was true, and signed an agreement, of which the original is hereto annexed. But the land has not been transferred to him.

3. On the _______ day of _______ 19______, the plaintiff paid the defendant rupees as part of the purchase-money.

4. That the said piece of ground contained in fact only [five bighas].

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

7. The plaintiff claim-

(1) _______________Rupees, with interest from the___________day of_____19____;

(2) That the said agreement be delivered up and cancelled.

NO. 35:AN INJUNCTION RESTRAINING WASTE

(TITLE)

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

1. The Plaintiff is the absolute owner of [describe the property].

2. The defendant is in possession of the same under a lease from the plaintiff.

3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff.

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

6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises.

[Pecuniary compensation may also be claimed.]

NO. 36:INJUNCTION RESTRAINING NUISANCE

(TITLE)

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

1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No. Street, Calcutta].

2. The defendant is, and at all the said times was, the absolute owner of [a plot ground in the same street ____________].

3. On the __________ day of ________ 19 ______ , the defendant erected upon his said plot a slaughter-house, and still maintains the same; and from that day until the present time has continually caused cattle to be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said house of the plaintiff].

[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent the same.]

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

7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance.

NO. 37:PUBLIC NUISANCE

(TITLE)

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

1. The defendant has wrongly heaped up earth and stones on a public road knows as _______ street at ________ so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from so doing, to continue and repeat the said wrongful act.

1[*2. The plaintiff has obtained the leave of the Court for the institution of this, suit.

*Not applicable where suit is instituted by the Advocate-General.]

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

5. The plaintiff claims-

(1) A declaration that the defendant is not entitled to obstruct the passage of the public along the said public road;

(2) An injunction restraining the defendant from obstructing the passage of the public along the said public road and directing the defendant to remove the earth and stones wrongfully heaped up as aforesaid.

1. Substituted by Act No. 104 of 1976, for former paragraph 2, w.e.f. 1st February, 1977.

NO. 38:INJUNCTION AGAINST THE DIVERSION OF A WATERCOURSE

(TITLE)

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

[As in Form No. 27.]

The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid.

NO. 39:RESTORATION OF MOVABLE PROPERTY THREATENED WITH DESTRUCTION AND FOR AN INJUCTION

(TITLE)

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

1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfather which was executed by an eminent painter], and of which no duplicate exists [or state any facts showing that the property is of a kind that cannot be replaced by money].

2. On the _______ day of ______ 19 _______, he deposited the same for safe-keeping with the defendant.

3. On the _______ day of _______ 19 ____, he demanded the same from the defendant and offered to pay all reasonable charges for the storage of the same.

4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut or injure the same if required to deliver it up.

5. No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the (painting];

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

8. The plaintiff claims-

(1) That the defendant be restrained by injunction from disposing of, injuring or concealing the said [painting];

(2) That he be compelled to deliver the same to the plaintiff.

NO. 40:INTERPLEADER

(TITLE)

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

1. Before the date of the claims hereinafter mentioned G. H. deposited with the plaintiff [describe the property] for [safe-keeping].

2. The defendant C. D. claims the same [under an alleged assignment thereof to him from G. H.].

3. The defendant E. F. also claims the same [under an order of G. H. transferring the same to him.]

4. The plaintiff is ignorant of the respective rights of the defendants.

5. He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.

6. The suit is not brought by collusion with either of the defendants.

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

9. The plaintiff claims-

(1) That the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in; relation thereto;

(2) That they be required to interplead together concerning their claims to the said property;

(3) That some person be authorised to receive the said property pending such litigation;

(4) That upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto. In relation thereto.

NO. 41:ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS

(TITLE)

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

1. E. F., late of _________ was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of _____ [here insert nature of debt and security, if any ].

2. E. F., died on or about the ___________ day of ____________ by his last will, dated the ____________ day of ______ he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as the case may be.]

3. The will was proved by C. D. (or letters of administration were granted, etc.].

4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable property of E. F., and has not paid the plaintiff his debt.

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

7. The plaintiff claims that an account may be taken of the movable [and immovable] property of E. F., deceased, and that the same may be administered under the decree of the Court.

NO. 42:ADMINISTRATION BY SPECIFIC LEGATEE

(TITLE)

[Alter Form No. 41 thus]

[Omit paragraph 1 and commence paragraph 2] E. F., late of ___________, died on or about the _________ day of ________, By his last will, dated the ________________ day of ________ he appointed C.D. his executor, and bequeathed to the plaintiff [here state the specific legacy.]

For paragraph 4 substitute-

The defendant is in possession of the movable property of E. F., and, amongst other things, of the said [here name the subject of the specific bequest].

For the commencement of Paragraph 7 substitute-

The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest], or that. etc.

NO. 43:ADMINISTRATION BY PECUNIARY LEGATEE

(TITLE)

[Alter Form No. 41 thus]

[Omit paragraph 1 and substitute for paragraph 2] E. F., late of ________ died on or about the ______ day of_____By his last will, dated the ______ day of _____ he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of rupees.

In paragraph 4 substitute “legacy” for “debt”.

Another form.

(Title)

E. F., the above-named plaintiff, states as follows: -

1. A. B. of K. in the ________ died on the _______ day of _________ By his last wilt, dated the _____ day of ______ he appointed the defendant and M. N. [who died in the testator’s lifetime] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty-one, or a daughter who should, attain that age or marry, upon trust as to his immovable property for the person who would be the testator’s heir-at-law, and as to his movable property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid.

2. The will was proved by the defendant on the_________ day of_________ the plaintiff has not been married.

3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.

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

6. The plaintiff claims-

(1) To have the movable and immovable property of A. B. administered in this Court, and for that purpose to have all proper directions given and accounts taken;

(2) Such further or other relief as the nature of the case may require

NO. 44:EXECUTION OF TRUSTS

(TITLE)

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

1. He is one of the trustees under an instrument of settlement bearing date on or about the _____ day of ______ made upon the marriage of E. F. and G. H., the father and mother of the defendant [or an instrument of transfer of the estate and effect of E. F. for the benefit of C. D., the defendant, and the other creditors of E. F.].

2. A. B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument.

3. C. D. claims to he entitled to a beneficial interest under the instrument.

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

6. The plaintiff is desirous to account for all the rents and profit of the said immovable property [and the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the defendant, and all other persons who may be interested in such administration, in the presence of C. D. and such other persons so interested as the Court may direct, or that C. D. may show good cause to the contrary.

[N. B.—Where the suit is by a beneficiary, the plaint may be modified mutatis mutandis on the plaint by a legatee.)

NO. 45:FORECLOSURE OR SALE

(TITLE)

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

1. The plaintiff is mortgagee of lands belonging to the defendant.

2. The following are the particulars of the mortgage : -

(a) (Date);

(b) (Names of mortgagor and mortgagee)

(c) (Sum secured)

(d) (Rate of interest);

(e) (Property subject to mortgage)

(f) (Amount now due)

(g) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he claims).

(If the plaintiff is mortgagee in possession add).

3. The plaintiff took possession of the mortgaged property on the _______ day of ______ and is ready to account as mortgagee in possession from that time.

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

6. The plaintiff claims -

(1) Payment, or in default [sale or] foreclosure [and possession];

[Where Order 34, rifle 6, applies.]

(2) In case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty be reserved to the plaintiff to apply for 2[an order for the balance].

NO. 46:REDEMPTION

(TITLE)

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

1. The plaintiff is mortgagor of lands of which the defendant is mortgagee.

2. The following are the particulars of the mortgage: -

(a) (Date):

(b) (Names of mortgagor and mortgagee);

(c) (Sum secured);

(d) (Rate of interest);

(e) (Property subject to mortgage)

(f) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he claims).

(If the defendant is mortgagee in possession, add)

3. The defendant has taken possession [or has receive the rents] of the mortgaged property.

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

6. The plaintiff claims to redeem the said property and to have the same reconvened to him [and to have possession thereof]. 3[together with mesne profits].

1. Added by Act No. 104 of 1976, w.e.f. 1st February, 1977.

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