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.]

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.]

Comments

Popular posts from this blog

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.

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.

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