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




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(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 pain 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 (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 and Relief claimed)

6. The plaintiff claims-
(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 inducing the plaintiff to sell him certain goods, represented to the plaintiff that 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 tea) 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 who had notice of the falsity of the representation].

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

7. The plaintiff claims:-

(1) delivery of the said goods, or_______ rupees in case delivery cannot be had;

(2) rupees compensation 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 _____ 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 and Relief claimed)

The plaintiff claims:-


(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 and Relief claimed)

6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises.

(As in paras 4 and 5 of Form No. 1 and Relief 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____ Karachi.

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 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 send the same.

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

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 known 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.

2. The plaintiff has obtained the consent in writing of: the Advocate-General (or other officer appointed in this behalf] to the Institution of the suit.

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

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.


NO. 38 INJUNCTION AGAINST THE DIVERSION OF WATER.COURSE


(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 INJUNCTION
(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 grand-father which was executed by an eminent painter) which 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 and Relief claimed)

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. 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 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 authorized 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.

NO. 41 ADMINISTRATION BY CREDITOR ON BEHAL.F OF HIMSELF AND


ALL OTHERS
(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 LEGATES
(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 and subject of the specific bequest) or that etc.

NO. 43 ADMINISTRATION BY PECUNIARY LEGATEE


(Title)

(Alter Form No. 41 thus)

(Omit paragraph I and substitute for paragraph 2) E. F. late of________ died on or about 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 will, 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 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 TRUSTS
(Title)

A. B. the above-mentioned 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 effects 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 be 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 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 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 he 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 modeled, 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 stare shortly the transfers or devolution
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, rule 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 a decree 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 received 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 sari re-conveyed to him and to have possession thereof].

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 plaint certain immovable property therein described and referred to 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 not.

(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 to accept a transfer and possession of the said property] and to pay the costs of the suit.

NO. 48 SPECIFIC PERFORMANCE


(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___ 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 the purchase-money of the said property to the defendant.

(As in paras 4 and 2 of Form No. 1)

8. The plaintiff claims:-

(l) that the defendant transfer 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).

(4) Written Statements
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
Protest.-The defendant denies that he is a partner and the defendant firm of the plaintiff.

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 this plaint or any of them.

Limitation.-The suit is barred by article___ or article of the Second Schedule to the (Indian Limitation Act, 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 case may be) has paid into court Rs. and says that this sum is enough to satisfy the p 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 estopped 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).

NO. I 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. 1.


5 . Except as to Rs._____ same as 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 IN 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
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 I4EGL 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 (Karachi) 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.

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