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.)

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Article 54 of the Limitation Act, 1963 (36 of 1963) reads as follows: “For Specific performance of a contract: Three years The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.”= the apex Court in Ahmmadsahb Abdul Mila vs. Bibijan[1], wherein it was held that the date fixed for the performance of the contract should be a specified date in the calendar, and submitted that since no specified date in the calendar for performance of the contract is mentioned in the agreement of sale, the second limb of Article 54 of the Limitation Act is applicable. ; whether the suit is barred by limitation or not becomes a tribal issue and when there is a tribal issue, the lower Court ought not to have rejected the plaint at the threshold. In view of the same, order, dated 27-01-2012, in CFR.No.90 of 2012, passed by the Additional Senior Civil Judge, Ongole, (FAC) Senior Civil Judge, Darsi, is, hereby, set aside. The Appeal is allowed accordingly.

Or.18, rule 17 and sec.151 C.P.C - petition filed for reopen and examination of the executant of Ex.A1 the sale deed to fill up the lacuna in evidence pointed out at the time of arguments not maintainable = Shaik Gousiya Begum. ..Petitioner Shaik Hussan and others.... Respondents = Published in http://judis.nic.in/judis_andhra/qrydisp.aspx?filename=10515

Order 39 Rules 1 and 2 CPC. plaintiff has to prove his title and possession how he came into possession prima faice , in the absence of the same, not entitled for interim injunction = The questions as to whether the lease deed was properly stamped and whether the stamp paper on which it was typed can be said to have been procured through proper source, need to be dealt with at the stage of trial.; The suit filed by the 1st respondent, is the one for injunction simplicitor in respect of an item of immovable property. He has also filed an application under Order 39 Rules 1 and 2 CPC. Basically, it was for the 1st respondent to establish that he is in possession and enjoyment of the property and that he derived the same through lawful means, particularly when he did not contend that he encroached upon the property.= assumptions of facts against to the contents of crucial third party by misreading the same- it is just un-understandable as to how the trial Court gathered the impression that Anuradha stated that there was a meeting of Board of Directors, where it was decided to lease the property to the appellants. - the trial Court itself was not clear as to whether the appellant is the lessee or a Manager or is working under any other arrangement. - The important findings that have a bearing upon the valuable rights of the parties cannot be based upon such uncertain and unverified facts. One of the cardinal principles in the matter of examining the applications filed under Order 39 Rules 1 and 2 CPC is that a party claiming that relief must come to the Court with clean hands. Prima facie, we find that there are no bona fides, much less consistency on the part of the 1st respondent, in his effort to get the order of temporary injunction. The trial Court has misread the evidence and misinterpreted the facts borne out by the record.