SUIT FOR BREACH OF CONTRACT AGAINST AN ALLEGED AGENT AND THE ALLEGED PRINCIPAL ALTERNATIVELY.[CD1] 

SUIT FOR BREACH OF CONTRACT AGAINST AN ALLEGED AGENT AND THE ALLEGED PRINCIPAL ALTERNATIVELY

 

 

IN THE COURT OF THE

Suit No. .................... of 19.........

 

C.D..............................................................Plaintiff

versus

C.F..............................................Defendant

The above named plaintiff most respectfully submits as under :

1. That the plaintiff came across with defendant No. .............. at the former's shop at .................... where the latter represented himself as the agent of the Defendant No. .................... and induced to sell to the defendant No. .................... printed saris at the rate of Rs. ................... per sari and it was agreed that the package of the saris would be taken delivery of by the Defendant No. 1 at Bangalore Rly. Station against payment of the V.P.P. covering the Rly. Receipt.

2. That the defendant No. .................... by his statement to the plaintiff impliedly warranted his authority to buy the said goods from the plaintiff on behall of the defendant No. ................... and the plaintiff entered into the said contract of sale of the printed saris on the faith of the aforesaid warranty.

3. That the defendant No. ... returned with a postal note “refused”.... did not honour the V.P.P. which was returned with a postal note”refused”.

4. That the plaintiff served a registered notice on ............. refusal and damage to the plaintiff, to which the defendant vide his reply ................ denied that he had given any authority to defendant N to buy the said goods on his behalf.

5. That the plaintiff has suffered a damage of Rs. ........... package and Rly. fare of the goods and of Rs. .................... the been earned by the plaintiff by the sale of the goods to the defenda the total damage being Rs............ the loss of profit to have to the defendant No…………….by the plainstiff, within the jurisdiction of this court.

6. That the cause of action arose on ................... 19 of refusal of the V.P.P. by the defendant No. 1 and lastly on .... of reply of the defendant No. .................... by the plaintiff within the jurisdiction of this Court.

7. That the suit is valued at Rs. ............................... and court fee is paid thereon.

 

 

RELIEFS CLAIMED:

 

The reliefs claimed by way of this suit are:

(1)         That the suit be decreed for the recovery of Rs………as damages from defendant No. from Defendant No. .................... if the claim defendant No. .................... is not proved or found by the court.

(2)          Interest on the amount of Rs. .................... be awarded it the

rate of ................... per annum.

Plaintiff through Advocate

 

 

VERIFICATION[CD2] 

 

I, above named plaintiff, do hereby verify that the contents of paras ................... to .................... of the plaint are true to my personal knowledge and those of paras .................... and .................... thereof are based on legal advice which I believe to be true.

 

Verified on this ................ day of ............19…….....at…………......

Plaintiff

 

 [CD1]SUIT FOR BREACH OF CONTRACT AGAINST AN ALLEGED AGENT AND THE ALLEGED PRINCIPAL ALTERNATIVELY.

 [CD2]VERIFICATION