SUIT FOR DAMAGES AGAINST
SURETY QUA HIS SECURITY BOND [CD1]
IN THE COURT OF THE....................
Suit No..................... of
19....................
C.
D.................................................................... Plaintiff
versus
C.
F................................................................. Defendant
The
abovenamed plaintiff most respectfully submits as under: —
1.
That the plaintiff is a
registered partnership firm carrying on business of supplying auto vehicles on
hire purchase basis to its customers.
2.
That the
defendant.................... obtained a..................... Engine No.
.................... Chesis No..................... A. C.....................
model.................... on.................... 19.................... for
Rs..................... out of which he paid Rs.....................
(........................................ ) as advance hire amount.
3.
That the remaining
Rs..................... were to be paid on account of the hire purchase of the
vehicle aforesaid in.................... equal instalments of Rs.
.................... per month to the plaintiff by the 10th day of every
calender month.
4.
That it was agreed through
an agreement of hire-purchase dated .................... 19....................
that the said defendant would regularly pay the instalments till the whole
amount is paid, after which full satisfaction of the hire-purchase amount
aforesaid, the said defendant would become the absolute owner of the said motor
cycle. But if the defendant fails to deposit three continuous instalments
aforesaid the agreement for hire-purchase of the vehicle would automatically be
deemed to have been cancelled in default of the defendant aforesaid and the
money deposited by the defendant with the plaintiff would be forfeited as hire
only of the said vehicle, the plaintiff would be entitled to have back the
vehicle from the defendant aforesaid; and if the defendant does not surrender
the vehicle to the plaintiff, he would be liable to pay the whole balance
amount of the vehicle, a liquidated damages.
5.
That the defendant
No..................... stood surety for the defendant No. ....................
and agree to pay the amount jointly with the defendant No.....................
or severally to the plaintiff on demand.
6.
That the defendant
No..................... failed to deposit the hire amount for the
last.................... months....................
7.
That the plaintiff sent a
registered notice to both the defendants but none of them has paid the amount
so far, hence this suit for recovery of the said amount with interest pendente life, and till the amount is
recovered from either of them or both of them.
8.
That the suit is valued at
Rs..................... the balance amount due from the defendants as
liquidated damages to the plaintiff and ad
velorm court fee is paid thereon.
9.
That cause of action arose
on.................... 19.................... on refusal of payment of the said
amount by the defendants within the territorial jurisdiction of this Court, and
this court has pecuniary jurisdiction as well to try the suit.
10.
That the relief claimed by
way of this suit is that the suit may be decreed against the defendant and a
decree for recovery of Rs..................... with interest as liquidated
damages may be passed accordingly against the defendants. Plaintiff
Advocate
I,
abovenamed 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
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