Agreements Civil Procedure Code Templates
Defence To Suit For Specific Performance
Category: Agreements Civil Procedure Code
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was entered into by mistake 11 The following are particulars of 7 8 9 10 or as the case may be 12 The agreement was rescinded under Conditions of Sale No 11 or by mutual agreement In cases where damages are claimed and the defendant disputes his liability to damages he must deny the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 bre...
Deficiency Up On A Re Sale [goods Sold At Auction]
Category: Agreements Civil Procedure Code
Title A B the above named plaintiff states as follows 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 his account of which condition the defendant had notice The defendant purchased one crate of crockery at the auction at the price of rupees The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for ten days after The defendant did not take away the goods purchased by him nor pay for them within ten days after the sale nor afterwards On the day of 19 the plaintiff re sold the crate of crockery on account of the defendant by public auction for rupees The expenses attendant upon such re sale amounted to rupees 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...
Diverting A Water Course
Category: Agreements Civil Procedure Code
Title A B the above named plaintiff states as follows The plaintiff is and at the time hereinafter mentioned was posed of a mill situated on a stream known as the the village of district of By reason of such possession the plaintiff was entitled to the flow of the stream for worming the mill 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 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 power day As in paras 4 and 5 of Form No 1 and Relief claimed...
Execution Of Trusts
Category: Agreements Civil Procedure Code
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 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 1 2 3 4 5 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...
For Malicious Prosecution
Category: Agreements Civil Procedure Code
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 there on 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 w...
Foreclosure Or Sale
Category: Agreements Civil Procedure Code
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 mortgage in possession add 1 2 3 The plaintiff took possession of the mortgage 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 4 5 6 The plaintiff claims 1 payment or in default sale or foreclosure and possession Where Order 34 rule 5 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 to reserved to the plaintiff to apply for a decree for the bal...
Fraudulently Procuring Credit To Be Given To Another Person
Category: Agreements Civil Procedure Code
Title A B the above named plaintiff states as follows 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 and might safely be trusted with goods on credit The plaintiff was thereby induced to sell to E F rice of the value of rupees on months credit 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 or top deceive and injure the plaintiff E F did not pay for the said goods at the expiration to the credit aforesaid or has not paid for the said rice and the plaintiff has wholly lost the same As in paras 4 and 5 of Form No 1 and Relief claimed...
General Defences
Category: Agreements Civil Procedure Code
General defencesDenialThe defendant denies that set out facts The defendant does not admit that set out facts The defendant admits that but says thatProtest The defendant denies that he is a partner in the defendant firm ofThe 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 the plaintiff sold to him the goods mentioned in the plaint or any of them Of LimitationThe suit is barred by article or article or the second schedule to the See now the Indian Limitation Act 1908 9 of 1908 Indian Limitation Act 1877 15 of 1877 JurisdictionThe 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 inn discharge of the allege cause of action InsolvencyThe defendant has be...
Goods Made At DefendantÂ’s Request And Not Accepted
Category: Agreements Civil Procedure Code
Title A B the above named plaintiff states as follows 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 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 E F hasn t accepted the goods or paid for them As in paras 4 and 5 of Form No 1 and Relief claimed...
Goods Sold At A Fixed Price And Delivered
Category: Agreements Civil Procedure Code
Title A B the above named plaintiff states as follows 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 The defendant promised to pay rupees for the said goods on delivery or on the day of some day before the plaint was filed He has not paid the same E F died on the day of 19 By his last will he appointed his brother plaintiff his brother the plaintiff his executor As in paras 4 and 5 of Form No 1 The plaintiff as executor of E F claims Relief claimed...
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