Code of Civil Procedure, 1908. Act no. V of 1908 [21st March 1908]




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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 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_____ 13, E.P. 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 sold 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 DEFENDANT'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 [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 wiling 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 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 afterward.


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 REASONABLE RATE
(Title)

A.B. the above named plaintiff, states as follows:-

1. Between the___ day of___ 19 and the ___day of___ 19, 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 therefore, 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 Form No. 1)

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 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 worth ____ rupees.

3. The defendant has not paid the money.
(As in paras 4 & 5 of Form No. 1)

4. The plaintiff as executor of Y. X. 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 £ F. 3rd Gd!. and the originals 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 para 4 and 5 of Form No. 1 and relief claimed)

NO. 11 ON A FOREIGN JUDGMENT


(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 [Kingdom], in a Suit therein pending between 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 & 5 of Form No. 1 and Relief claimed)

NO. 13 BREACH OF AGREEMENT TO PURCHASE LAND

A. B. the above named plaintiff states as follows:-

1. On the ____ day of ____ 19, the plaintiff and defendant entered into 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 tree from encumbrances 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 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

A. B. the above-named plaintiff, states as follows:-

1. On the_____day of 19 , at______ 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 therefore ______ 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. I5 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 service ______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 & 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:-

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). I

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 & 5 of Form No. 1 and Relief claimed)

NO. 17. AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP


(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 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 & 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 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 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 of clerk and cashier 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 l9, 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 & 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___day of___19 , the defendant by a registered instrument, let to the plaintiff the house No. _____Street____for the term of____ years, constructing 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 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 there from 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 and was compelled to expend ____rupees in moving, and lost the custom of G.H and I. J. by such removal].

(As in paras 4 & 5 of Form No. 1 and Relief claimed)

NO. 20 ON AN AGREEMENT OF INDEMNITY


(Title)

A. B, the above-named plaintiff states as fellows:-

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 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 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____, the plaintiff paid____rupees (in satisfaction of the same].

4. The defendant has not paid the same to the plaintiff.

(As in paras 4 & 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 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 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 & 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, 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 deceive and injure the plaintiff.

4. E. F (did not pay for the said goods at the expiration of the period aforesaid, or] has not paid for the said rice; and the plaintiff has wholly lost the same.

(As in paras 4 & 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 all the times hereinafter mentioned was, possessed of certain land called _______and situate in_____ and of 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 & 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 ____ situated in _____

2. Ever since the day 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 vapors and noxious matter, which spread over and upon the said lands and corrupted 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 there from, 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 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 plaintiffs states as follows:-

1. The plaintiff is, and at the time hereinafter mentioned was, possessed of 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.

(As in paras 4 and 5 of Form No. 1 and Relief claimed)

NO. 28. OBSTRUCTING A RIGHT TO USE WATER 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_____ l9 ,defendant prevented the plaintiff from taking and using the 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


(Title)

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 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 ______and ______ a collusion occurred on the said railway caused by the negligence and unskill-fullness of the defendant's servants, whereby the plaintiff was much injured (having 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 drove 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).

NO. 30. INJURIES CAUSED BY NEGLIGENT DRIVING


(Title)

A. B. above-named plaintiff, states as follows:-

1. The plaintiff is a shoe-maker, carrying on business at_____. The defendant is a merchant of __________.

On the _____day of____19 , the plaintiff was walking (westward) along (Bunder Road), in the city of Karachi at above 3 O'clock in the afternoon. He was obliged to cross Wood Street, which is a Street running into Bunder Road 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 servants, was drawn by two horses under the charge and control of the defendant's servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Wood Street into Bunder Road. 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 fail 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.

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