Appendix APPENDIX A. APPENDIX A
PLEADINGS
(1) TITLES OF SUITS IN THE COURT OF A.B. (add description and residence) .. .. .. Plaintiff Against C. D. (add description and residence) .. .. .. Defendant
(2) Description of Parties in Particular Cases 1 2 [ * * *Pakistan or the Province of, as the case may be.]
The Advocate General of
The Collector of
The State of The A.B., Company, Limited, having its registered office at
A.B., a public officer of the C.D. Company.
A.B., (add description and residence), on behalf of himself and all other creditors of C.D., late of (add description and residence).
A.B., (add description and residence), on behalf of himself and all other holders of debentures issued by the Company, Limited 1 Amended by A.O., 1937 and A.O., 1949. 2 The words “the Federation of” have been omitted by A.O., 1961, Art. 2 andSch. (with effect from the 23rd March, 1956). The Official Receiver.
A.B., a minor (add description and residence), by C.D., [or by the Court of Wards], his next friend.
A.B., (add description and residence), a person of unsound mind [or of weak mind], by C.D., his next friend.
A.B,, a firm carrying on business in partnership at. A.B. (add description and residence), by his constituted attorney C.D (add description and residence).
A.B. (add description and residence), Shebait of Thakar. A B. (add description and residence) executor of C.D., deceased. A.B. (add description and residence), heir of C.D., deceased.
(3) Plaints No. 1 MONEY LENT (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , he lent the defendant rupees repayable on the day of . 2. The defendant has not paid the same, except rupees paid on the day of 19 . [If the plaintiff claims exemption from any law of limitation, say:
] 3. The plaintiff was a minor [or insane] from the day of till the day of . 4. [Facts showing when the cause of action arose and that the court has jurisdiction]. 5. 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. 6. The plaintiff claims rupees, with interest at percent from the day of 19 .
NO. 2 MONEY OVER PAID (Title) A.B., the above named plaintiff, states as follows:
1. On the day of 19 , 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 E.F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant rupees. 3. Each of the said bars contained only 1,200 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. [As in paras 4 and 5 of Form No. 1 and Relief claimed].
NO. 3. GOODS SOLD AT A FIXED PRICE AND DELIVERED (Title) A.B., the above-named plaintiff, states as follows:
1. 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]. 2. The defendant promised to pay rupees for the said goods on delivery [or on the day of , some day before the plaint was filed]. 3. He has not paid the same. 4. E.F. died on the day of 19 By his last will he appointed his brother, the plaintiff, his executor. [As in paras 4 and 5 of Form No. 1] 7. The plaintiff as executor or E.F. claims [Relief claimed]. NO 4 GOODS SOLD AT A REASONABLE PRICE AND DELIVERED (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , plaintiff sold and delivered to the defendant [sundry articles of house-furniture], but no express agreement was made as to the price. 2. The goods were reasonably worth rupees. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed].
NO. 5 GOODS MADE AT DEFENDANT'S REQUEST, AND NOT ACCEPTED (Title) A B., the above-named plaintiff, states as follows:
1. 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. 2. 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 wiling so to do. 3. E.F. has not accepted the goods or paid for them. [As in paras 4 and 5 of Form No. 1, and Relief claimed]
NO. 6 DEFICIENCY UPON A RE-SALE [GOODS AT AUCTION] (Title) A.B., the above-named plaintiff, states as follows:
1. 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 on his account, of which condition the defendant had notice. 2. The defendant purchased [one crate of crockery] at the auction at the price of rupees. 3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after. 4. The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards. 5. On the day of 19 , the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for rupees. 6. The expenses attendant upon such re-sale amounted to rupees. 7. 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].
NO. 7 SERVICES AT REASONABLE RATE (Title) A.B., the above-named plaintiff, states as follows:
1. Between the day of 19 , and the day of 19 , plaintiffs [executed sundry drawings, designs and diagrams) for the defendant , at his request; but no express agreement was made as to the sum to be paid for such services. 2. The services were reasonably worth rupees. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed].
NO. 8 SERVICES AND MATERIALS AT A REASONABLE COST (Title) A B., the above-named plaintiff, states as follows:
1. On the day of 19 , at , the plaintiff built a house [known as No. , in ], and furnished the materials therefore, for the defendant, at his request, but no express agreement was made as to the amount to be paid for such work and materials. 2. The work done and materials supplied were reasonably worth rupees. 3. The defendant has not paid the money. [As in paras’s 4 and 5 Form No. 1,and Relief claimed]
NO. 9 USE AND OCCUPATION (Title) A.B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:
1. That the defendant occupied the [house No. , Street], by permission of the said X.Y. from the day 19 , until the day of 19 , and no agreement was made as to payment for the use of the said premises. 2. That the use of the said premises for the said period was reasonable worth rupees. 3. The defendant has not paid the money. [As in paras 4 & 5 of Form No. 1] 4. The plaintiff as executor of X.Y., claims [Relief claimed].
NO. 10 ON AN AWARD (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay], agreed in writing to submit the difference to the arbitration of E. F. and G.H., and the original document is annexed hereto. 2. On the day of 19 ,the arbitrators awarded that the defendant should [pay the plaintiff rupees]. 3. The defendant has not paid the money. [As in para 4 and 5 of Form No. 1, and relief claimed].
NO. 11 ON A FOREIGN JUDGMENT (Title) A. B., the above-named plaintiff states as follows:
1. On the day of 19 , at in the State [or Kingdom] of ,the Court of that State [or Kingdom], in a suit therein pending between the plaintiff and defendant, duly adjudged that the defendant should pay to the plaintiff rupees, with interest from the said date, 2. The defendant has not paid the money. [As in paras 4 and 5 of Form No 1, and Relief claimed].
NO. 12 AGAINST SURETY FOR PAYMENT OF RENT (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , E. F. hired from the plaintiff for the term of years, the [house No. Street], at the annual rent of rupees, payable [monthly]. 2. The defendant agreed, in consideration of the letting of the premises to E.F., to guarantee the punctual payment of the rent. 3. The rent for the month of 19 , amounting to rupees, has not been paid. [If, by the terms of the agreement, notice is required to be given to the surety, add:
] 4. On the day of 19, the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof. 5. The defendant has not paid the same. [As in paras 4 and 5 of Form No. 1, and Relief claimed]
NO. 13 BREACH OF AGREEMENT TO PURCHASE LAND (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [Or, on the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of for rupees.] 2. On the day of 19 , the plaintiff, being then the absolute owner of the property [and the same being free from incumbrances as was made to appear to the defendant], tendered to the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the sum agreed upon. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and relief claimed]
NO. 14 NOT DELIVERING GOODS SOLD (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19, the plaintiff and defendant mutually agreed that the defendant should deliver (one hundred barrels of flour) to the plaintiff on the day of 19 , and that the plaintiff should pay therefore rupees on delivery. 2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods. 3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery. [As in paras. 4 and 5 of Form No. 1, and Relief claimed]
NO. I5 WRONGFUL DISMISSAL (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services rupees [monthly]. 2. On the day of 19, the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. 3. On the day of 19 , the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services. [As in paras. 4 and 5 of Form No. 1, and Relief claimed]
NO. 16 BREACH OF CONTRACT TO SERVE (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an [annual] salary of rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year]. 2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day of 19, offered so to do.] 3. The defendant [entered upon] the service of the plaintiff on the above mentioned day, but afterwards on the day of 19 , he refused to serve the plaintiff as aforesaid. [As in paras. 4 and 5 of form No. 1, and Relief claimed]
NO. 17 AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed, [or state the tenor of the contract of]. [2. The plaintiff duly performed all the conditions of the agreement on his part.] 3. The defendant [built the house referred to in the agreement in a bad and unworkmanlike manner]. [As in paras 4 and 5 of Form No. 1, and Relief claimed]
NO.18 ON A BOND FOR THE FIDELITY OF A CLERK (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff took E.F., into his employment as a clerk. 2. In consideration thereof, on the day of 19, the defendant agreed with the plaintiff that if E.F., should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding rupees. [Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of rupees, subject to the condition that if E.F. should faithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all monies, evidences of debt or other property which should be at any time held by him in trust for the plaintiff, the bond should be void.] [Or. 2. In consideration thereof on the same date the defendant executed of a bond in favour of the plaintiff, and the original document is hereto annexed.] 3. Between the day of l9, and the day of 19, E.F. received money and other property, amounting to the value of rupees, for the use of the plaintiff for which sum he has not accounted to him, and the same still remains due and unpaid. [As in paras. 4 and 5 of Form No. 1, and Relief claimed]
NO. 19 BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , 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. 2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit. 3. On the day of 19 , 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. 4. 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]
NO. 20 ON AN AGREEMENT OF INDEMNITY (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , 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 upon him on account of any indebtedness of the firm. 2. The plaintiff duly performed all the conditions of the agreement on his part. 3. On the day of 19 , [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 19 ,] the plaintiff paid rupees [in satisfaction of the same]. 4. 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) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , 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 representations 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. 22 FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON (Title) A,B., the above-named plaintiff, states as follows:
1. 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]. 2. The plaintiff was thereby induced to sell to E.F. [rice] of the value of rupees [on months credit]. 3. 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]. 4. 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]
NO. 23 POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND (Title) A.B., the above named plaintif, 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]
NO. 24 CARRYING ON A NOXIOUS MANUFACTURE. (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 lands called , situated in . 2. Ever since the day of 19, 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. 3. 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-stock of the plaintiff on the lands became unhealthy, and many of them were poisoned and died. 4. 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) A.B., the above-named plaintiff, states as follows:
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of ] . 2. 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. 3. On the day of 19 , 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]. 4. (State special damage, if any). [As in paras. 4 and 5 of Form No. 1, and Relief claimed].
NO. 26 OBSTRUCTING A HIGHWAY (Title) 1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from to so as to obstruct it. 2. 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:
1. 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 . 2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill. 3. 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. 4. 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 IRRIGATION (Title) A. B., the above-named plaintiff, states as follows:
1. Plaintiff is, and was at the time hereinafter mentioned, 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. 2. On the day l9 , 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) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the defendants were common carriers of passengers railway between and . 2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. 3. 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 unskillfullness 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] [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 defendants’ 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 BY NEGLIGENT DRIVING (Title) A. B., above-named plaintiff, states as follows:
1. The plaintiff is a shoemaker, carrying on business at . The defendant is a merchant of . 2. On the day of 19 , the plaintiff was walking 1 [westward] along 1[ Bunder Road], in the City of 1[Karachi], at about 3 o’clock in the afternoon. He was obliged to cross 1[Wood Street], which is a street running into 1[Bunder Road] 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 1[wood Street] into 1[Bunder Road]. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses. 3. 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]
1 Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.4 and Third Sch., for “southward”. NO. 31 FOR MALICIOUS PROSECUTION (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 thereon, 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 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.]
No. 32 MOVEABLES WRONGFULLY DETAINED (Title) A. B., the above-named plaintiff states as follows:
1. On the day of 19 , 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. 2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff. 3. Before the commencement of the suit, to wit, on the day of 19 , the plaintiff demanded the same from the defendant, but he refused to deliver them. [As in paras. 4 and 5 of Form No. 1] 6. The plaintiff claims
(1) delivery of the said goods, or rupees, in case delivery cannot be had ;
(2) rupees Compensation for the detention thereof.
(1) TITLES OF SUITS IN THE COURT OF A.B. (add description and residence) .. .. .. Plaintiff Against C. D. (add description and residence) .. .. .. Defendant
(2) Description of Parties in Particular Cases 1 2 [ * * *Pakistan or the Province of, as the case may be.]
The Advocate General of
The Collector of
The State of The A.B., Company, Limited, having its registered office at
A.B., a public officer of the C.D. Company.
A.B., (add description and residence), on behalf of himself and all other creditors of C.D., late of (add description and residence).
A.B., (add description and residence), on behalf of himself and all other holders of debentures issued by the Company, Limited 1 Amended by A.O., 1937 and A.O., 1949. 2 The words “the Federation of” have been omitted by A.O., 1961, Art. 2 andSch. (with effect from the 23rd March, 1956). The Official Receiver.
A.B., a minor (add description and residence), by C.D., [or by the Court of Wards], his next friend.
A.B., (add description and residence), a person of unsound mind [or of weak mind], by C.D., his next friend.
A.B,, a firm carrying on business in partnership at. A.B. (add description and residence), by his constituted attorney C.D (add description and residence).
A.B. (add description and residence), Shebait of Thakar. A B. (add description and residence) executor of C.D., deceased. A.B. (add description and residence), heir of C.D., deceased.
(3) Plaints No. 1 MONEY LENT (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , he lent the defendant rupees repayable on the day of . 2. The defendant has not paid the same, except rupees paid on the day of 19 . [If the plaintiff claims exemption from any law of limitation, say:
] 3. The plaintiff was a minor [or insane] from the day of till the day of . 4. [Facts showing when the cause of action arose and that the court has jurisdiction]. 5. 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. 6. The plaintiff claims rupees, with interest at percent from the day of 19 .
NO. 2 MONEY OVER PAID (Title) A.B., the above named plaintiff, states as follows:
1. On the day of 19 , 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 E.F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant rupees. 3. Each of the said bars contained only 1,200 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. [As in paras 4 and 5 of Form No. 1 and Relief claimed].
NO. 3. GOODS SOLD AT A FIXED PRICE AND DELIVERED (Title) A.B., the above-named plaintiff, states as follows:
1. 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]. 2. The defendant promised to pay rupees for the said goods on delivery [or on the day of , some day before the plaint was filed]. 3. He has not paid the same. 4. E.F. died on the day of 19 By his last will he appointed his brother, the plaintiff, his executor. [As in paras 4 and 5 of Form No. 1] 7. The plaintiff as executor or E.F. claims [Relief claimed]. NO 4 GOODS SOLD AT A REASONABLE PRICE AND DELIVERED (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , plaintiff sold and delivered to the defendant [sundry articles of house-furniture], but no express agreement was made as to the price. 2. The goods were reasonably worth rupees. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed].
NO. 5 GOODS MADE AT DEFENDANT'S REQUEST, AND NOT ACCEPTED (Title) A B., the above-named plaintiff, states as follows:
1. 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. 2. 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 wiling so to do. 3. E.F. has not accepted the goods or paid for them. [As in paras 4 and 5 of Form No. 1, and Relief claimed]
NO. 6 DEFICIENCY UPON A RE-SALE [GOODS AT AUCTION] (Title) A.B., the above-named plaintiff, states as follows:
1. 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 on his account, of which condition the defendant had notice. 2. The defendant purchased [one crate of crockery] at the auction at the price of rupees. 3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after. 4. The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards. 5. On the day of 19 , the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for rupees. 6. The expenses attendant upon such re-sale amounted to rupees. 7. 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].
NO. 7 SERVICES AT REASONABLE RATE (Title) A.B., the above-named plaintiff, states as follows:
1. Between the day of 19 , and the day of 19 , plaintiffs [executed sundry drawings, designs and diagrams) for the defendant , at his request; but no express agreement was made as to the sum to be paid for such services. 2. The services were reasonably worth rupees. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and Relief claimed].
NO. 8 SERVICES AND MATERIALS AT A REASONABLE COST (Title) A B., the above-named plaintiff, states as follows:
1. On the day of 19 , at , the plaintiff built a house [known as No. , in ], and furnished the materials therefore, for the defendant, at his request, but no express agreement was made as to the amount to be paid for such work and materials. 2. The work done and materials supplied were reasonably worth rupees. 3. The defendant has not paid the money. [As in paras’s 4 and 5 Form No. 1,and Relief claimed]
NO. 9 USE AND OCCUPATION (Title) A.B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:
1. That the defendant occupied the [house No. , Street], by permission of the said X.Y. from the day 19 , until the day of 19 , and no agreement was made as to payment for the use of the said premises. 2. That the use of the said premises for the said period was reasonable worth rupees. 3. The defendant has not paid the money. [As in paras 4 & 5 of Form No. 1] 4. The plaintiff as executor of X.Y., claims [Relief claimed].
NO. 10 ON AN AWARD (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay], agreed in writing to submit the difference to the arbitration of E. F. and G.H., and the original document is annexed hereto. 2. On the day of 19 ,the arbitrators awarded that the defendant should [pay the plaintiff rupees]. 3. The defendant has not paid the money. [As in para 4 and 5 of Form No. 1, and relief claimed].
NO. 11 ON A FOREIGN JUDGMENT (Title) A. B., the above-named plaintiff states as follows:
1. On the day of 19 , at in the State [or Kingdom] of ,the Court of that State [or Kingdom], in a suit therein pending between the plaintiff and defendant, duly adjudged that the defendant should pay to the plaintiff rupees, with interest from the said date, 2. The defendant has not paid the money. [As in paras 4 and 5 of Form No 1, and Relief claimed].
NO. 12 AGAINST SURETY FOR PAYMENT OF RENT (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , E. F. hired from the plaintiff for the term of years, the [house No. Street], at the annual rent of rupees, payable [monthly]. 2. The defendant agreed, in consideration of the letting of the premises to E.F., to guarantee the punctual payment of the rent. 3. The rent for the month of 19 , amounting to rupees, has not been paid. [If, by the terms of the agreement, notice is required to be given to the surety, add:
] 4. On the day of 19, the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof. 5. The defendant has not paid the same. [As in paras 4 and 5 of Form No. 1, and Relief claimed]
NO. 13 BREACH OF AGREEMENT TO PURCHASE LAND (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [Or, on the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of for rupees.] 2. On the day of 19 , the plaintiff, being then the absolute owner of the property [and the same being free from incumbrances as was made to appear to the defendant], tendered to the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the sum agreed upon. 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and relief claimed]
NO. 14 NOT DELIVERING GOODS SOLD (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19, the plaintiff and defendant mutually agreed that the defendant should deliver (one hundred barrels of flour) to the plaintiff on the day of 19 , and that the plaintiff should pay therefore rupees on delivery. 2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods. 3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery. [As in paras. 4 and 5 of Form No. 1, and Relief claimed]
NO. I5 WRONGFUL DISMISSAL (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services rupees [monthly]. 2. On the day of 19, the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. 3. On the day of 19 , the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services. [As in paras. 4 and 5 of Form No. 1, and Relief claimed]
NO. 16 BREACH OF CONTRACT TO SERVE (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an [annual] salary of rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year]. 2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day of 19, offered so to do.] 3. The defendant [entered upon] the service of the plaintiff on the above mentioned day, but afterwards on the day of 19 , he refused to serve the plaintiff as aforesaid. [As in paras. 4 and 5 of form No. 1, and Relief claimed]
NO. 17 AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed, [or state the tenor of the contract of]. [2. The plaintiff duly performed all the conditions of the agreement on his part.] 3. The defendant [built the house referred to in the agreement in a bad and unworkmanlike manner]. [As in paras 4 and 5 of Form No. 1, and Relief claimed]
NO.18 ON A BOND FOR THE FIDELITY OF A CLERK (Title) A.B., the above-named plaintiff, states as follows:
1. On the day of 19 , the plaintiff took E.F., into his employment as a clerk. 2. In consideration thereof, on the day of 19, the defendant agreed with the plaintiff that if E.F., should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding rupees. [Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of rupees, subject to the condition that if E.F. should faithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all monies, evidences of debt or other property which should be at any time held by him in trust for the plaintiff, the bond should be void.] [Or. 2. In consideration thereof on the same date the defendant executed of a bond in favour of the plaintiff, and the original document is hereto annexed.] 3. Between the day of l9, and the day of 19, E.F. received money and other property, amounting to the value of rupees, for the use of the plaintiff for which sum he has not accounted to him, and the same still remains due and unpaid. [As in paras. 4 and 5 of Form No. 1, and Relief claimed]
NO. 19 BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , 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. 2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit. 3. On the day of 19 , 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. 4. 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]
NO. 20 ON AN AGREEMENT OF INDEMNITY (Title) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , 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 upon him on account of any indebtedness of the firm. 2. The plaintiff duly performed all the conditions of the agreement on his part. 3. On the day of 19 , [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 19 ,] the plaintiff paid rupees [in satisfaction of the same]. 4. 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) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , 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 representations 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. 22 FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON (Title) A,B., the above-named plaintiff, states as follows:
1. 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]. 2. The plaintiff was thereby induced to sell to E.F. [rice] of the value of rupees [on months credit]. 3. 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]. 4. 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]
NO. 23 POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND (Title) A.B., the above named plaintif, 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]
NO. 24 CARRYING ON A NOXIOUS MANUFACTURE. (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 lands called , situated in . 2. Ever since the day of 19, 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. 3. 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-stock of the plaintiff on the lands became unhealthy, and many of them were poisoned and died. 4. 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) A.B., the above-named plaintiff, states as follows:
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of ] . 2. 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. 3. On the day of 19 , 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]. 4. (State special damage, if any). [As in paras. 4 and 5 of Form No. 1, and Relief claimed].
NO. 26 OBSTRUCTING A HIGHWAY (Title) 1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from to so as to obstruct it. 2. 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:
1. 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 . 2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill. 3. 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. 4. 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 IRRIGATION (Title) A. B., the above-named plaintiff, states as follows:
1. Plaintiff is, and was at the time hereinafter mentioned, 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. 2. On the day l9 , 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) A. B., the above-named plaintiff, states as follows:
1. On the day of 19 , the defendants were common carriers of passengers railway between and . 2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. 3. 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 unskillfullness 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] [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 defendants’ 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 BY NEGLIGENT DRIVING (Title) A. B., above-named plaintiff, states as follows:
1. The plaintiff is a shoemaker, carrying on business at . The defendant is a merchant of . 2. On the day of 19 , the plaintiff was walking 1 [westward] along 1[ Bunder Road], in the City of 1[Karachi], at about 3 o’clock in the afternoon. He was obliged to cross 1[Wood Street], which is a street running into 1[Bunder Road] 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 1[wood Street] into 1[Bunder Road]. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses. 3. 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]
1 Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.4 and Third Sch., for “southward”. NO. 31 FOR MALICIOUS PROSECUTION (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 thereon, 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 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.]
No. 32 MOVEABLES WRONGFULLY DETAINED (Title) A. B., the above-named plaintiff states as follows:
1. On the day of 19 , 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. 2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff. 3. Before the commencement of the suit, to wit, on the day of 19 , the plaintiff demanded the same from the defendant, but he refused to deliver them. [As in paras. 4 and 5 of Form No. 1] 6. The plaintiff claims
(1) delivery of the said goods, or rupees, in case delivery cannot be had ;
(2) rupees Compensation for the detention thereof.