CPC - Appendix A - (3) PLAINTS
(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 _____
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:-
l. 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.]
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