Statutory Notice Under Code Of Civil Procedure 1432 - Legal Draft

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STATUTORY NOTICE UNDER CODE OF CIVIL PROCEDURE 1908

Notice of Suit of General Manger of different Railways under section 80, CPC, claiming Compensation for Short Delivery
Regd. with AID Address
Dated
To
1. The General Manager, Railway,
2. The General Manager, Railway,
3. The General Manager, Railway,
Dear Sirs
Subject: Notice under s. 80 of the Code of Civil Procedure
Please take notice that my client (state here name, description and address) will institute a suit against the Union of India, owning and administering the aforesaid Railways in a court of competent jurisdiction, after expiry of two months after service of this notice unless reliefs claimed herein below are granted to my client within the said period of two months. The relevant facts constituting the cause of action and reliefs claimed are as follows:
1. That on or about the........day of my said client made over to the said Railway a consignment of............bags of..........each bag containing......of........for carriage for reward, from a station on the..........Railway under Invoice No..........R/R, P.W.B. No...........dated........to a station on the..............Railway, the sender/consignor being

............and the consignee being .... endorsed to .........At the time of delivery of the said consignment on the ..... day of ........ bags were not found and so short delivered (or .........bags were received badly torn etc.) resulting thus in a shortage for which usual short certificate was given by the station concerned.
2. My client thus suffered a loss of Rs .......... full particulars whereof are given in the schedule below due to default and/or negligence and/or misconduct on the part of the aforesaid Railway, their agents and/or employees concerned. My client cannot at this stage give full particulars of the said default and/or negligence and/or misconduct until full disclosure of the conduct of the agent and employees of the Railways as to how they dealt with the consignment during the period while the same was in their possession, custody or control.
3. My client (name the client) has already served the Railway a notice dated under s. 106 of the Indian Railways Act demanding the Railway payment of the said sum Rs ........ within 30 days from the date of receipt of the said notice but to no effect.
4. The following are particulars of the claim:
(a) Loss for shortage of ........ at
Rs       per qt.
market rate      Rs
(b) For proportionate Rly. freight
(in case of partial delivery) paid       Rs
Other costs (packing cost, etc.)         Rs
Costs of notices etc. Rs
Total Rs
5. The particulars required under s. 80 of the Code of Civil Procedure are as follows:
(a)Name, address and description of the plaintiff CD residing at ............
(b) Name, address and description Union of India representing
of the defendant                  the Railway.
(c) Cause of action               Damages suffered due to
short delivery or non - delivery of goods.
(d) Relief claimed                Decree for Rs
being the loss caused by short delivery or non - delivery of goods.

Yours faithfully