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.
NO. 47:SPECIFIC PERFORMANCE (NO.1)
(TITLE)
A. B., the above-named plaintiff, states as follows: -
1. By an agreement dated the __________ day of _______ and signed by the defendant, he contracted to buy of [or sell to] the plaintiff certain immovable property therein described and referred to, for the sum of rupees.
2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so.
3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice.
[As in paras. 4 and 5 of Form No. 1.]
6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a transfer and possession of the said property] and to pay the costs of the suit.
NO. 48:SPECIFIC PERFORMANCE (NO. 2)
(TITLE)
A. B., the above-named plaintiff, states as follows: -
1. On the ________ day of ______ 19__, the plaintiff and defendant entered into an agreement, in writing, and the original document is hereto annexed.
The defendant was absolutely entitled to the immovable property described in the agreement.
2. On the _______ day of ______19____, the plaintiff tendered rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument.
3. On the ______ day of ______ 19 ____, the plaintiff again demanded such transfer. [Or the defendant refused to transfer the same to the plaintiff.]
4. The defendant has not executed any instrument of transfer.
5. The plaintiff is still ready and willing to pay the purchase-money of the paid property to the defendant
[As in paras 4 and 5 of Form No. 1.]
8. The plaintiff claims-
(1) That the defendant transfers the said property to the plaintiff by a sufficient instrument [following the terms of the agreement);
(2) _____________ Rupees compensation for withholding the same.
NO. 49:PARTNERSHIP
(TITLE)
A. B., the above-named plaintiff, states as follows: -
1. He and C. D., the defendant, have been for _________ years [or months] past carrying on business together under articles of partnership in writing [or under a deed, or under a verbal agreement].
2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby it has become impossible to carry on the business in partnership with advantage to the partners, [Or the defendant has committed the following breaches of the partnership articles: -
(1) _________________
(2) _________________
(3) _________________.]
[As in paras. 4 and 5 of Form No. 1.]
5. The plaintiff claims-
(1) Dissolution of the partnership;
(2) That accounts be taken;
(3) That a receiver be appointed.
(N.B.—In suits for the winding-up of any partnership, omit the claim for dissolution; and instead insert a paragraph stating the facts of the partnership having been dissolved.)
GENERAL DEFENCES
Denial.—The defendant denies that (set out facts).
The defendant does not admit that (set out facts).
The defendant admits that _______ but says that
The defendant denies that he is a partner in the defendant firm of
Protest.—The defendant denies that he made the contract alleged or any contract with the plaintiff.
The defendant denies that he contracted with the plaintiff as alleged or at all.
The defendant admits assets but not the plaintiff’s claim.
The defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any of them.
Limitation.—The suit is barred by article _______ or ________ article of the second schedule to the 1Indian Limitation Act, 1877 (15 of 1877).
Jurisdiction.—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).
On the _______ day of _________ a diamond ring was delivered by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.
Insolvency.—The defendant has been adjudged an insolvent.
The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in the receiver.
Minority.—The defendant was a minor at the time of making the alleged contract.
Payment into Court.—The defendant as to the whole claim (or as to Rs. ______ part of the money claimed, or as the case may be) has paid into Court Rs. __________ and says that this sum is enough to satisfy the plaintiff’s claim (or the part aforesaid).
Performance remitted.—The performance of the promise alleged was remitted on the (date).
Rescission.—The contract was rescinded by agreement between the plaintiff and defendant.
Res judicata.—The plaintiff’s claim is barred by the decree in suit (give the reference).
Estoppel.—The plaintiff is estopped from denying the truth of (insert statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel.)
Ground of defence subsequent to institution of suit-since the institution of the suit, that is to say, on the day of ________ (set out facts).
1. See now the Limitation Act, 1963.
NO. 1:DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED
1. The defendant did not order the goods.
2. The goods were not delivered to the defendant.
3. The price was not Rs.
[or]
| 4. | Except as to Rs. _______________, same as | 1. |
| 5. | 2. | |
| 6. | 3. |
7. The defendant [or A. B., the defendant’s agent] satisfied the claim by payment before suit to the plaintiff [or to C. D., the plaintiff’s agent] on the _________ day of ______ 19____.
8. The defendant satisfied the claim by payment after suit to the plaintiff on the ______ day of _______ 19____.
NO. 2:DEFENCE IN SUITS ON BONDS
1. The bond is not the defendant’s bond.
2. The defendant made payment to the plaintiff on the day according to the condition of the bond.
3. The defendant made payment to the plaintiff after the day named and before suit of the principal and interest mentioned in the bond.
NO. 3:DEFENCE IN SUITS ON GUARANTEES
1. The principal satisfied the claim by payment before suit.
2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of a binding agreement.
NO. 4:DEFENCE IN ANY SUIT FOR DEBT
1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff.
Particulars are as follows:—
| |
|
| Rs. |
| 1907 January 25th | ---- | ---- | 150 |
| 1907 February 1st | ---- | ---- | 50 |
|
|
| Total | 200 |
2. As to the whole [or as to Rs. _____, part of the money claimed] the defendant made tender before suit of Rs. ______ and has paid the same into Court.
NO. 5:DEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING
1. The defendant denies that the carriage mentioned in the plaint was the defendant’s carriage, and that it was under the charge or control of the defendant’s servants. The carriage belonged to _______ of _________ Street, Calcutta, livery stable keepers employed by the defendant to supply him with carriages and horses; and the person under whose charge and control the said carriage was, was the servant of the said.
2. The defendant does not admit that the said carriage was turned out of Middleton Street either negligently, suddenly or without warning, or at a rapid or dangerous pace.
3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, have seen the said carriage approaching him, and avoided any collision with it.
4. The defendant does not admit the statements contained in the third paragraph of the plaint.
NO. 6:DEFENCE IN ALL SUITS FOR WRONG
1. Denial of the several acts [or matters] complained of.
NO. 7:DEFENCE IN SUITS FOR DETENTION OF GOODS
1. The goods were not the property of the plaintiff.
2. The goods were detained for a lien to which the defendant was entitled.
Particulars are as follows: -
1907, May 3rd. To carriage of the goods claimed from Delhi to Calcutta: -
45 maunds at Rs. 2 per maund Rs. 90.
NO. 8:DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT
1. The plaintiff is not the author [assignee, etc.].
2. The book was not registered.
3. The defendant did not infringe.
NO. 9:DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK
1. The trade mark is not the plaintiff’s
2. The alleged trade mark is not a trade mark.
3. The defendant did not infringe.
NO. 10:DEFENCE IN SUITS RELATING TO NUISANCES
1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights].
2. The plaintiff’s lights will not be materially interfered with by the defendant’s buildings.
3. The defendant denies that he or his servants pollute the water [or do what is complained of].
[If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.]
4. The plaintiff has been guilty of laches of which the following are particulars: -
1870. Plaintiff’s mill began to work.
1871. Plaintiff came into possession.
1883. First complaint.
5. As to the plaintiff’s claim for damages the defendant will rely on the above grounds of defence, and says that the acts complained of have not produced any damage to the plaintiff [If other grounds are relied on, they must be stated, e.g., limitation as to past damage.]
NO. 11:DEFENCE TO SUIT FOR FORECLOSURE
1. The defendant did not execute the mortgage.
2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is denied).
3. The suit is barred by article _______ of the second schedule to the 1[Indian Limitation Act, 1877. (15 of 1877).
4. The following payments have been made, viz.: -
| (Insert date)- | ……………….. | Rs. 1,000 |
| (Insert date)- | ……………….. | Rs. 500 |
5. The plaintiff took possession on the ______ of _____, and has received the rents ever since.
6. The plaintiff released the debt on the _________ of ______.
7. The defendant transferred all his interest to A. B. by a document dated
1. See now the Limitation Act, 1963.
NO. 12:DEFENCE TO SUIT FOR REDEMPTION
1. The plaintiff’s right to redeem is barred by article _________ of the second schedule to the 4Indian Limitation Act, 1877 (15 of 1877).
2. The plaintiff transferred all interest in the property to A. B.
3. The defendant, by a document dated the __________ day of ________ transferred all his interest in the mortgage-debt and property comprised in the mortgage to A. B.
4. The defendant never took possession of the mortgaged property, or received the rents thereof.
(If the defendant admits possession for a time only, he should state the time and deny possession beyond what he admits.)
NO. 13:DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE
1. The defendant did not enter into the agreement.
2. A. B. was not the agent of the defendant (if alleged by plaintiff).
3. The plaintiff has not performed the following conditions- (Conditions).
4. The defendant did not (alleged acts of part performance).
5. The plaintiff’s title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter (State why).
6. The agreement is uncertain in the following respects-(State them).
7. (Or) The plaintiff has been guilty of delay.
8. (Or) The plaintiff has been guilty of fraud (or misrepresentation).
9. (Or) The agreement is unfair.
10. (Or) The agreement was entered into by mistake.
11. The following are particulars of (7), (8), (9), (10) (or as the case may be).
12. The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement).
(In cases where damages are claimed and the defendant disputes his liability to damages, he must deny the agreement or the alleged breaches, or show whatever other ground of defence he intends to rely on, e.g. the 1Indian Limitation Act, accord and satisfaction, release, fraud, etc.)
1. See now the Limitation Act, 1963.
NO. 14:DEFENCE IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE
1. A. B’s will contained a charge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs. _____, and the testator had movable property which the defendant got in, and which produced the net sum of Rs.________
2. The defendant applied the whole of the said sums and the sum of Rs. _______, which the defendant received from rents of the immovable property in the payment of the funeral and testamentary expenses and some of the debts of the testator.
3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the _______ day of _____19____ , and offered to plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant’s offer.
4. The defendant submits that the plaintiff ought to pay the cost of this suit.
NO. 15:PROBATE OF WILL IN SOLEMN FORM
1. The said will and codicil of the deceased were not duly executed according to the provisions of the Indian Succession Act, 18651 (10 of 1865) [or of the Hindu Wills Act, 18701 (21 of 1870)].
2. The deceased at the time the said will and codicil respectively purport to have been executed, was not of sound mind, memory and understanding.
3. The execution of the said will and codicil was obtained by the undue influence of the plaintiff [and others acting with him whose names are at present unknown to the defendant].
4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so far as is within the defendant’s present knowledge, being [state the nature of the fraud].
5. The deceased at the time of the execution of the said will and codicil did not know and approve the contents thereof [or of the contents of the residuary clause in the said will, as the case may be].
6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof.
The defendant claims-
(1) That the Court will pronounce against the said will and codicil propounded by the plaintiff ;
(2) That the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in solemn form of law
1. See now the Indian Succession Act, 1925.
NO. 16:PARTICULARS (O. 6, R.5.)
(TITLE OF SUIT.)
Particulars.—The following are the particulars of (here state the matters in respect of which particulars have been ordered) delivered Pursuant to the order of ______ the ______ of ___
(Here set out the particulars ordered in paragraphs if necessary.)
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