SUIT FOR DAMAGES FOR
CARRYING ON A NOXIOUS MANUFACTURE AND FOR A
PERMANENT INJUNCTION RESTRAINING IT [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.
The Plaintiff is, and at all
the times hereinafter mentioned was, possessed of certain lands
called.................. situate 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 livestock 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 use and occupation of the lands as he
otherwise would have had.
5.
The plaintiff has suffered a
damage of................. rupees due to the wrongful act of the defendant.
6.
It is expedient and the balance
of convenience is in favour of the plaintiff that the defendant be restrained
by issuing a permanent injunction to the defendant deterring from such noxious
manufacture at the land adjacent to that of the plaintiff.
7.
The plaintiff gave a registered
notice to the defendant dated................. 19.................. received by
the defendant on................. 19.................. requesting the defendant
to remove his manufacturing process to some industrial area, and demanded a
damage of................. rupees within one month from the receipt of the
notice.
8.
Defendant vide his reply
received by the plaintiff on................. 19 ................. has denied
his liability and has alleged his right to continue the manufacture in the
area.
9.
Cause of action arose
on................. 19................. when the defendant started his noxious
manufacture and the land of the plaintiff began to be damaged as mentioned
above, secondly on................. 19................. when the defendant was
served with notice of the plaintiff to pay damages and to restrain himself from
doing such wrongful act., and lastly, when the defendant refused his liability
of any damages or restriction, through his reply which the plaintiff received
on................. 19................. and this court has jurisdiction to try
the suit.
10.
This suit is valued at
Rs................... the amount of damages and Rs.................. the thirty
times of the annual rent of land revenue paid on the land of the plaintiff, and
advalorum court-fee on the amount claimed for damages is paid and court-fee on
one fifth valuation of land is paid for the relief of injunction.
RELIEF CLAIMED:
The plaintiff
claims payment of Rs.................. the amount of damages from the defendant
and further that the defendant be restrained by way of a permanent injunction
from producing the abnoxious manufacture at the site adjacent to that of the
plaintiff.
Plaintiff
Through 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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