Money Overpaid Drafting Plaints 844 - Legal Draft

Money Overpaid

Mr................................, the above-named plaintiff, states as follows :

1.       On the .......................... day of .................... 20...... the plaintiff agreed to buy and the defendant agreed to sell ........................... bars of silver at .............. annas per tola of fine silver.

2.       The plaintiff procured the said bars to be assayed by ............................, who was paid the defendant for such assay, and .........................., declared each of the bars to contain ........ tolas of fine silver, and plaintiff accordingly paid the defendant .................. rupees.

3.       Each of the said bars contained only ........ 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.

5.       [Facts showing when the 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 of court fee is ........ rupees.

7.       Relief claimed.