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- SUIT FOR DAMAGES FOR CARRYING ON A NOXIOUS MANUFACTURE AND FOR A PERMANENT INJUNCTION RESTRAINING IT
SUIT FOR DAMAGES FOR CARRYING ON A NOXIOUS MANUFACTURE AND FOR A PERMANENT INJUNCTION RESTRAINING IT IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 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 livestock 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 use and occupation of the lands as he otherwise would have had. 5. The plaintiff has suffered a damage of................. rupees due to the wrongful act of the defendant. 6. It is expedient and the balance of convenience is in favour of the plaintiff that the defendant be restrained by issuing a permanent injunction to the defendant deterring from such noxious manufacture at the land adjacent to that of the plaintiff. 7. The plaintiff gave a registered notice to the defendant dated................. 19.................. received by the defendant on................. 19.................. requesting the defendant to remove his manufacturing process to some industrial area, and demanded a damage of................. rupees within one month from the receipt of the notice. 8. Defendant vide his reply received by the plaintiff on................. 19 ................. has denied his liability and has alleged his right to continue the manufacture in the area. 9. Cause of action arose on................. 19................. when the defendant started his noxious manufacture and the land of the plaintiff began to be damaged as mentioned above, secondly on................. 19................. when the defendant was served with notice of the plaintiff to pay damages and to restrain himself from doing such wrongful act., and lastly, when the defendant refused his liability of any damages or restriction, through his reply which the plaintiff received on................. 19................. and this court has jurisdiction to try the suit. 10. This suit is valued at Rs................... the amount of damages and Rs.................. the thirty times of the annual rent of land revenue paid on the land of the plaintiff, and advalorum court-fee on the amount claimed for damages is paid and court-fee on one fifth valuation of land is paid for the relief of injunction. RELIEF CLAIMED: The plaintiff claims payment of Rs.................. the amount of damages from the defendant and further that the defendant be restrained by way of a permanent injunction from producing the abnoxious manufacture at the site adjacent to that of the plaintiff. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- SUIT FOR DAMAGE ON AN AGREEMENT OF INDEMNITY
SUIT FOR DAMAGE ON AN AGREEMENT OF INDEMNITY IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. On the.................... day of.................... 19.................... the plaintiff and the defendant, being partners in trade under the style of......................................... 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..................... (a judgment was recovered against the plaintiff and the 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. 5. The plaintiff through a registered notice demanded the amount aforesaid which notice was received by the defendant on.................... 19..................... and a reply dated................... 19.................. of the defendant refusing his liability was received by the plaintiff on.................... 19..................... 6. Cause of action arose within the jurisdiction of this Court on.................... 19.................... when the defendant refused to pay. 7. The suit is valued at Rs...................... and court fee is paid thereon. RELIEF CLAIMED: The plaintiff claims Rs..................... as damage from the defendant. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras ....................to.................... of the plaint are true to my personal knowledge and those of paras.... ................ and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- SUIT FOR DAMAGES FOR OBSTRUCTING WAY AND FOR NJUNCTION TO DEMOLISH THE OBSTRUCTION
SUIT FOR DAMAGES FOR OBSTRUCTING WAY AND FOR NJUNCTION TO DEMOLISH THE OBSTRUCTION IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The plaintiff is, and at the time hereinafter mentioned was possessed of (a house in the village of................. of the District 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 of 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. The plaintiff has suffered damages of Rs.................. due to wrongfully obstruction caused by the defendant. 5. Cause of action arose on................. 19................. when defendant obstructed the defendant for the first time from using his right of way. This court has jurisdiction to try the suit. 6. The suit is valued at................. rupees and court-fees is paid thereon, and court-fee on the second relief for demolition of the unauthorised construction of the defendant is also paid on the same valuation, at its one fifth amount, i. e. on Rs. ................. only. RELIEF CLAIMED: The plaintiff claims: (i) payment of Rs.................. as damages from the defendant for the wrongful obstruction. (ii) demolition of the constructions of the defendant obstructing wrongfully the way of the plaintiff by issuing a permanent injunction. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.20/-)
- SUIT BY A VENDEE AGAINST VENDOR FOR REFUND OF PURCHASE AMOUNT WITH DAMAGES DUE TO DEFECT IN THE VENDORí'S TITLE
SUIT BY A VENDEE AGAINST VENDOR FOR REFUND OF PURCHASE AMOUNT WITH DAMAGES DUE TO DEFECT IN THE VENDOR’S TITLE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — That on.................... 19.................... the defendant executed a sale deed of House No..................... situate in.................... in favour of the plaintiff for a consideration of Rs..................... received by him from the plaintiff in advance and at the time of the execution of the sale deed before the Sub-Registrar., and the plaintiff obtained possession of the house on that date. 2. That.................... sister of the defendant filed a suit No..................... of 19.................... claiming her half share in the house aforesaid, inheritance from her deceased father, and partition of her share and that the defendant has wrongfully sold the whole house to the plaintiff. This suit of.................... was decreed on.................... 19.................... and one half share in the house was declared to belong to her, along with the plaintiff transferee from the defendant., and partitioned and possession of the half share given to..................... 3. That accordingly, half share in the house is found defective due to the decree aforesaid, and the defendant is liable to refund half of the amount of the consideration of Rs..................... aforesaid, and damages due to loss of stamp paper respecting the half share and expenses of the execution of the sale deed respecting thereto, expenses incurred in defending the suit filed by.................... which amounted to Rs..................... and loss of business of the plaintiff incurred in the Factory of Brush-making run by the plaintiff in the said house, half portion of which now has been partitioned and possession given to.................... according to the decree of the Court. 4. That cause of action arose within the jurisdiction of this Court on .................... 19.................... when decree in favour of.................... was passed. 5. That the suit is valued at Rs...................... half of the amount of sale consideration aforesaid, and expenses incurred on execution of the said sale deed respecting the half share lost by the plaintiff, and also expenses incurred by the plaintiff in contesting the suit filed by the..................... and the amount of Rs. .................... as damages caused to the plaintiffs business run in the house aforesaid, and court-fee is paid according to the relief claimed. RELIEF CLAIMED: The plaintiff claims payment of Rs..................... as half of the sale consideration plus damages as mentioned above and interest from date of filing the suit till payment thereof. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- SUIT FOR INJUNCTION RESTRAINING NUISANCE
SUIT FOR INJUNCTION RESTRAINING NUISANCE IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. The Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of the house No...................... Street..................... 2. The defendant is, and at all the said times was, the absolute owner of a plot of 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. 5. The plaintiff gave a registered notice to the defendant to restrain himself from committing the nuisance, to which he did not reply. The notice was received by him on.................... 19.................... 6. Cause of action arose within the jurisdiction of this court on.................... 19.................... when the defendant received notice of the plaintiff. 7. The suit is valued at Rs..................... twelve times of the rent at which the house of the plaintiff was formerly let, and court fee for injunction is paid accordingly. RELIEF CLAIMED: The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- SUIT FOR CANCELLATION OF DEED OF GIFT OBTAINED BY UNDUE-INFLUENCE OR DUE TO THE INSANITY OF THE DONOR
SUIT FOR CANCELLATION OF DEED OF GIFT OBTAINED BY UNDUE-INFLUENCE OR DUE TO THE INSANITY OF THE DONOR IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That..................... the father of the plaintiff is aged.................... years and has been in very sick health due to old age, and asthma and due to irritation having been caused from the side of the younger brothers of the plaintiff who are leading a life out of way in drinking and other bad habits of gambling etc. The father of the plaintiff is in great mental distress, and he has been allured by the defendant .................... wrongfully to make a gift in his favour of the house No..................... situate at..................... in consideration of which.................... has promised him to maintain for the remaining of his life. Or That E. F. defendant is the mother of the plaintiff, she is aged about 60 years. She has got the house No..................... situate at.................... in inheritance from the father of the plaintiff by way of a will dated.................... left by the deceased father. Now the mother has been in undue influence of XY, sister of the plaintiff and XQ the brother-in-law of the plaintiff and they have got a gift deed of the house registered under their influence in favour of their minor son, on.................... 19.................... 2. That the plaintiff’s father/mother aforesaid had not been insane body and mind and was in great mental distress at the time of executing the said gift, and he/ she had not independent advice, and was induced by the insane mind/the undue influence aforesaid to execute the said gift. 3. That the plaintiff is a minor and is a co-sharer in the properties left by his father, and as such and also due to the reasons aforesaid the gift is void and liable to be cancelled by this Court. 4. That the cause of action arose on.................... 19.................... when the said gift was executed, within the jurisdiction of this Court. 5. That the suit is valued at Rs..................... the price of the house, thirty times of the house tax paid thereon, and court fee is paid accordingly to the reliefs claimed. RELIEF CLAIMED: The plaintiff claims to have the said deed of gift adjudged void and cancelled. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)
- SUIT FOR DAMAGE CAUSED BY CONSPIRACY OF THE DEFENDANTS TO DEFRAUD THE DECREE-HOLDER
SUIT FOR DAMAGE CAUSED BY CONSPIRACY OF THE DEFENDANTS TO DEFRAUD THE DECREE-HOLDER IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff applied for the execution of the Decree No..................... on.................... 19.................... against the defendant No. 1,.................... and order of attachment of the crop, and cattle of the said defendant was obtained on .................... 19.................... But before this date of order, the defendant No. 1 conspired with defendants Nos. 2 and 3 namely,.................... and.. !................. and through fake transactions of sale and purchase, the defendant No. 2 purchased the grain spread in the harvest of the defendant No. 1 and the defendant No. 2 purchased the cattle of the defendant No. 1, i. e., his buffalow, cow and bullocks and fetched them to their respective houses. 2. That when the Amin went to the defendant No. 1 to attach the goods aforesaid, he did not find them with the defendant No. 1 but with the defendant Nos. 2 and 3 and thus finding himself unable to attach the said crop and cattle, he returned without attaching anything. The defendant No. 1 has no agricultural fields of his own but he takes rent from other bhumidhars of some plots every year, and accordingly the decree now cannot be satisfied from defendant No. 1 alone. 3. That due to the aforesaid conspiracy of the defendants, the plaintiff suffered the following loss: Expenses incurred in court for attachment.................... Rs..................... The amount of the decree under execution.................... Rs..................... 4. That cause of action arose on when the defendant sold the goods sought to be attached, in conspiracy with the defendants Nos. 2 and 3, and this Court has jurisdiction to decide the matter. 5. The suit is valued at Rs..................... the expenses incurred in Court and the decretal amount aforesaid, and Court-fee is paid according to the relief claimed: RELIEF CLAIMED: The plaintiff claims payment of Rs..................... the decretal amount and expenses made on attachment proceedings, lost by the plaintiff due to the conspiracy of the defendants, and interest from date of suit till payment thereof. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- SUIT FOR DAMAGES AGAINST SURETY QUA HIS SECURITY BOND
SUIT FOR DAMAGES AGAINST SURETY QUA HIS SECURITY BOND IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff is a registered partnership firm carrying on business of supplying auto vehicles on hire purchase basis to its customers. 2. That the defendant.................... obtained a..................... Engine No. .................... Chesis No..................... A. C..................... model.................... on.................... 19.................... for Rs..................... out of which he paid Rs..................... (........................................ ) as advance hire amount. 3. That the remaining Rs..................... were to be paid on account of the hire purchase of the vehicle aforesaid in.................... equal instalments of Rs. .................... per month to the plaintiff by the 10th day of every calender month. 4. That it was agreed through an agreement of hire-purchase dated .................... 19.................... that the said defendant would regularly pay the instalments till the whole amount is paid, after which full satisfaction of the hire-purchase amount aforesaid, the said defendant would become the absolute owner of the said motor cycle. But if the defendant fails to deposit three continuous instalments aforesaid the agreement for hire-purchase of the vehicle would automatically be deemed to have been cancelled in default of the defendant aforesaid and the money deposited by the defendant with the plaintiff would be forfeited as hire only of the said vehicle, the plaintiff would be entitled to have back the vehicle from the defendant aforesaid; and if the defendant does not surrender the vehicle to the plaintiff, he would be liable to pay the whole balance amount of the vehicle, a liquidated damages. 5. That the defendant No..................... stood surety for the defendant No. .................... and agree to pay the amount jointly with the defendant No..................... or severally to the plaintiff on demand. 6. That the defendant No..................... failed to deposit the hire amount for the last.................... months.................... 7. That the plaintiff sent a registered notice to both the defendants but none of them has paid the amount so far, hence this suit for recovery of the said amount with interest pendente life, and till the amount is recovered from either of them or both of them. 8. That the suit is valued at Rs..................... the balance amount due from the defendants as liquidated damages to the plaintiff and ad velorm court fee is paid thereon. 9. That cause of action arose on.................... 19.................... on refusal of payment of the said amount by the defendants within the territorial jurisdiction of this Court, and this court has pecuniary jurisdiction as well to try the suit. 10. That the relief claimed by way of this suit is that the suit may be decreed against the defendant and a decree for recovery of Rs..................... with interest as liquidated damages may be passed accordingly against the defendants. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff case law Sections 128 and 141 SURETY CAN CONTRACT AGAINST LIABILITY TO THE EXTENT OF LOSS OF VALUE. The Contract Act has created rights and liabilities. But the parties have got a right to contract out of the rights and liabilities mentioned in the Contract Act. That is envisaged by Section 128 of Indian Contract Act. Therefore, merely because we do not find words "notwithstanding anything contained to the contrary", etc. in Section 141, it does not follow that the parties cannot contract out of the rights and liabilities laid down in Section 141 of the Contract Act. It was open to the surety to contract out of the rights under Section 141 relating to loss of hypothecated property and the surety having given the undertaking that she would not enforce the right under Section 141, even though, the property might have been lost, the surety was liable in law in view of the contract between her and the bank.1 Section 128 BANK GUARANTEE — LIABILITY OF SURETY The fact that the Company in liquidation i. e. the principal debtor has gone into liquidation also would not have any effect on the liability of the Bank i. e. the guarantor. Under Section 128 of the Indian Contract Act, the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract. A surety is no doubt discharged under Section 134 of the Indian Contract Act by any contract between the creditor and the principal debtor by which the principal debtor is released or by any act or omission of the creditor, the legal consequence of which is the principal debtor may secure by operation of law in bankruptcy (or in liquidation proceedings in the case of a company) does not absolve the surety of his liability.2 1. (1990) 68 Comp. Cases 267: A. I. R. 1984 N. O. C. 113 (Guj. ). 2. (1983) 1 S. C. R. 561: A. I. R. 1940 Bom. 247: (1905) 1 K. B. 462: (1970) 2 S. C. R. 462. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)
- SUIT FOR CONTRIBUTION BETWEEN CO-SURETIES.
SUIT FOR CONTRIBUTION BETWEEN CO-SURETIES. IN THE COURT OF THE.................... Suit No..................... of 19.................... C. D.................................................................... Plaintiff versus C. F................................................................. Defendant The abovenamed plaintiff most respectfully submits as under: — 1. That the plaintiff and the defendant stood surety for.................... for Rs. .................... to the Punjab National Bank.................... Branch.................... for forwarding.................... the said loan for purchasing a tractor, and executed a surety bond of the same amount. 2. That.................... defaulted in payment of the instalments of the repayment of the amount with interest, and the Bank aforesaid took action against the sureties and realised the balance amount of Rs..................... with interest of Rs. 2000\- falling then due, from the plaintiff alone, as land revenue through the Collector of the district on.................... 19.................... 3. That the cause of action arose within the jurisdiction of this Court on .................... 19.................... when the Bank realised the amount aforesaid from the plaintiff alone, and this Court has jurisdiction to decide the suit. 4. That the suit is valued at Rs..................... which amount is to be contributed by the defendant to the plaintiff, and court fee is paid accordingly. RELIEF CLAIMED: The plaintiff claims Rs..................... from the defendant with interest from the date of filing the suit till the payment of the amount. Plaintiff Through Advocate VERIFICATION I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true. Verified on this................. day of.................... 19.................... at.................... Plaintiff Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- Written Statements
Written Statements(General Defences) Denial - The defendant denies that facts. The defendant does not admit that 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 contact with the plaintiff. The defendant denies that he contracted with 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 [Indian 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. 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). 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 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 …………. ( Data). Rescission - The contract was rescinded by agreement between the plaintiff and defendant. 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). Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- Execution of Trusts
Execution of Trusts Mr…………………… , the above-named plaintiff, states as follows : 1. He is one of the trustees under an instrument of settlement bearing date of or about the ……….. day of ………..made upon the marriage of Mr……………… and Mr………………………., the father and mother of the defendant [ or an instrument of transfer of the estate and effects of …………… for the benefit of …………., the defendant, and the other creditors of …………]. 2. Mr..…………….. 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. Mr…..………. claims to be entitled to a beneficial interest under the instrument. 4. [ Facts showing when the cause of action arose and that 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 fee is …….. rupees. 6. [ Facts showing when the cause of action arose and that Court has jurisdiction.] 7. The value of the subject-matter of the suit for the purpose of jurisdiction is ………… rupees and for the purpose of court fee is …….. rupees. 8. The plaintiff is desirous to account for all the rents profits 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 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 ……………., the defendant, and all other persons who may be interested in such administration, in the presence of ………….. and such other persons to interested as the Court may direct, or that ………….., may show good cause to the contrary. Download Word Document In English. (Rs.15/-) Download Word Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.15/-)
- Injunction restraining nuisance
Injunction restraining nuisance IN THE COURT………… ……………………….. …Plaintiff Vs. ……………………… … Defendant MAY IT PLEASE YOUR HONOUR Mr………………………….. , the above-named plaintiff, states as follows : 1. The Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the House No. Street, Mumbai]. 2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same street……………..]. 3. On the ……………………. day of ………… 20…….. the defendant created upon his said plot a slaughter-house, and still maintains the same; and form 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]. 5. [Facts regarding cause of action arose and that Court has jurisdiction.] 6. The value of the subject-matter of the suit for the purpose of jurisdiction is ……………… rupees and for the purpose and the plaintiff as paid Rs………. as court fees. 7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting and further nuisance. Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)













