Section 1
. On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the house No……..Street] for the term of……..years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term .
1 . On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the house No……..Street] for the term of……..years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term .
All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit.
On the…………day of………….20...…., during the said term, E.F. who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from him.
The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was compelled to expend……..rupees in moving, and lost the custom of G.H. and I.J by such removal].
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
216
No. 20
ON AN AGREEMENT OF INDEMNITY
(Title)
B., the above-named plaintiff, states as follows:—
On the..............day of.......................20.….., 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 made upon him on account of any indebtedness of the firm.
The plaintiff duly performed all the conditions of the agreement on his part.
On the.............. day of.....................20....….., [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.................20.….,] the plaintiff paid.........rupees [in satisfaction of the same].
The defendant has not paid the same to the plaintiff.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 21
PROCURING PROPERTY BY FRAUD
(Title)
B., the above-named plaintiff, states as follows:—
On the ............... day of ........... .......20.…., 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].
The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of ........................ rupees.
The said representations were false [or state the particular falsehoods] and were then known by the defendant to be so.
The defendant 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 and 5 of Form No. 1, and Relief claimed.]
No. 22
FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON
(Title)
B., the above-named plaintiff, states as follows:—
On the..........day of.................20.....…., 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 to deceive and injure the plaintiff].
E.F, [did not pay for the said goods at the expiration of 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.]
217
No. 23
POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND
(Title)
B., the above-named plaintiff, states as follows:—
The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called..........and situate in...........and of a 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.
On the........... day of ............20.........., the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well.
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 and 5 of Form No. 1, and relief claimed.]
No. 24
CARRYING ON A NOXIOUS MANUFACTURE
(Title)
B., the above-named plaintiff, states as follows:—
The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called..........situate in...................
Ever since the.................. day of....................20....., 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 vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands.
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-stocks of the plaintiff on the lands became unhealthy, and many of them were poisoned and died.
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 therefrom, 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)
B., the above-named plaintiff, states as follows:—
The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of ................ ].
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.
On the................day of.......................20.........., defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and has ever since wrongfully obstructed the same].
(State special damage, if any) .
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
218
No. 26
OBSTRUCTING A HIGHWAY
(Title)
The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from.................. to......... so as to obstruct it.
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 plaintiff, states as follows:—
The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the......... , in the village of........... , district of..........
By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill.
On the....................... day of................20......, 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 per day.
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
No. 28
OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION
(Title)
B., the above-named plaintiff, states as follows:—
The plaintiff is, and was at the times hereinafter mentioned was, 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.
On the.................day of.......................20.........., the defendant prevented the plaintiff from taking and using the said 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)
B., the above-named plaintiff, states as follows:—
On the ............ day of.............20........., the defendants were common carriers of passengers by railway between ....... ...... and ................ ...
On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway.
While he was such passenger, at............... [or near the station of................. or between the stations of ................... and .................. ], a collision occurred on the said railway caused by the negligence and unskilfulness of the defendants' servants, whereby the plaintiff was much injured [having his 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.]
219
[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 IN NEGLIGENT DRIVING
(Title)
B., the above-named plaintiff, states as follows:—
The plaintiff is a shoemaker, carrying on business at ………… the defendant is a merchant of …………………….
On the …………. day of …………………20………, the plaintiff was walking southward along Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee 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, 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 Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses.
By the blow and fall 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.
[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:—
On the ………….. day of ………………..…20.....……, 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].
In so doing the defendant acted maliciously and without reasonable or probable cause.
On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.
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 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].
220
No. 32
MOVABLES WRONGFULLY DETAINED
(Title)
B., the above-named plaintiff, states as follows:—
On the …………….. day of ……………20…...…, plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods,] the estimated value of which is ………………. rupees.
From that day until the commencement of this suit the defendant has detained the same from the plaintiff
Before the commencement of the suit, to wit, on the …………….. day of……….20 ……….., the plaintiff demanded the same from the defendant, but he refused to deliver them.
[As in Paras 4 and 5 of Form No. 1.]
The plaintiff claims—
delivery of the said goods, or ........... rupees, in case delivery cannot be had;
.................rupees compensation for the detention thereof.
No. 33
AGAINST A FRAUDULENT PURCHARER AND HIS TRANSFEREE WITH NOTICE
(Title)
B., the above-named plaintiff, states as follows:—
On the …………... day of ….……..……20……., the defendant C.D., for the purpose of including the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth ……… rupees over all his liabilities].
The plaintiff was thereby induced to sell and deliver to C.D. [one hundred boxes of tea], the estimated value of which is ……………… rupees.
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].
C.D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had notice of the falsity of the representation].
[Facts showing when the cause of action arose and that the Court has jurisdiction.]
The value of the subject-matter of the suit for the purpose of jurisdiction is ………….. rupees and for the purpose of court-fees is ………….. rupees.
The plaintiff claims—
delivery of the said goods, or ………………. rupees, in case delivery cannot be had;
……………….. rupees compensation for the detention thereof.
No. 34
RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE
(Title)
B., the above-named plaintiff, states as follows:—
On the ……………. day of ………………………20……….. , the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at ……………., contained [ten bighas].
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.
On the …………….. day of ………………………20………, the plaintiff paid the defendant rupees as part of the purchase money.
That the said piece of ground contained in fact only [five bighas].
[Facts showing when the cause of action arose and that the Court has jurisdiction.]
The value of the subject-matter of the suit for the purpose of jurisdiction is............. rupees and for the purpose of court-fees is...................rupees.
The plaintiff claims—
.............. rupees, with interest from the ............. day of............... 20.......... .
that the said agreement be delivered up and cancelled.
No. 35
AN INJUNCTION RESTRAINING WASTE
(Title)
B., the above-named plaintiff states as follows:—
The plaintiff is the absolute owner of [describe the property] .
The defendant is in possession of the same under a lease from the plaintiff.
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.
[Facts showing when the cause of action arose and that the Court has jurisdiction.]
The value of the subject-matter of the suit for the purpose of jurisdiction is.......... rupees and for the purpose of court-fees is........... rupees.
The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises.
[Pecuniary compensation may also be claimed.]
No. 36
INJUNCTION RESTRAINING NUISANCE
(Title)
B., the above-named plaintiff, states as follows:—
Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No.....................Street, Calcutta].
The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same street................].
On the ................ day of...............20.........., the defendant erected upon his said plot a slaughterhouse, 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 rent the same.]
[Facts showing when the cause of action arose and that the Court has jurisdiction.]
The value of the subject-matter of the suit for the purpose of jurisdiction is rupees and for the purpose of court-fees is...........rupees.
The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance.
No. 37
PUBLIC NUISANCE
(Title)
B., the above-named plaintiff, states as follows:—
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.