LEXIS AND PARTNERS

  No. 23 POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND (Title) A.B., the above named plaintiff, states as follows:-- 1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain land 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. 2. On the ........ day of ........ 19......, the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well. 3. 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.]

Preliminary Decree for Sale (Order XXXIV, Rule 4) When the Court declares the amount due IN THE COURT OF …….. SUIT NO……… 20…...  This suit coming on this …………… day, etc. it is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this ………….. day of ………… is the sum of Rs…….    …………….. for principal, the  sum of Rs…………… for interest on the said principal, the sum of Rs………….. for costs, charges and expenses (other than the costs of the suit) property incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs…………… for the costs of the suit awarded to the plaintiff, making in all the sum of Rs………… 2. And it is hereby ordered and decreed as follows : (i) that the defendant to pay into Court on  or before the …………… day of ….. or any later date upto which time for payment may be extended by the Court, the said sum of Rs…………… (ii) that, on such payment and on payment thereafter befo

Preliminary Decree for Sale (Order XXXIV, Rule 4) When the Court declares the amount due IN THE COURT OF …….. SUIT NO……… 20…...  This suit coming on this …………… day, etc. it is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this ………….. day of ………… is the sum of Rs…….    …………….. for principal, the  sum of Rs…………… for interest on the said principal, the sum of Rs………….. for costs, charges and expenses (other than the costs of the suit) property incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs…………… for the costs of the suit awarded to the plaintiff, making in all the sum of Rs………… 2. And it is hereby ordered and decreed as follows : (i) that the defendant to pay into Court on  or before the …………… day of ….. or any later date upto which time for payment may be extended by the Court, the said sum of Rs…………… (ii) that, on such payment and on payment thereafter befo

. No. 15 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS  [O. 16, R. 10] (Title) To, Whereas it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed  to attend in compliance with such summons. This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued, requiring the attendance of the witness in this court on the day of... 19...... /20 ......, at...... o'clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. Given under my hand and the seal of the court, this ......... day of........ 19 ..... /20 ...... Judge

  No. 21 PROCURING PROPERTY BY FRAUD (Title) A.B., the above named plaintiff, states as follows:-- 1. 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.] 2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of ...... rupees. 3. The said representation were false [or state the particular falsehoods] and were then known by the defendant to be so. 4. 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. 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 leave of the court for the institution of this suit. Not applicable where suit is instituted by the Advocate-General. [As in paras 4 and 5 of Form No. 1.] 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. 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 plaintiffs 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 same reconveyed to him [and to have possession thereof] together with manse profits.