SUIT FOR DAMAGES FOR NOT DELIVERING GOODS SOLD [CD1] 

SUIT FOR DAMAGES FOR NOT DELIVERING GOODS SOLD

 

 

 

IN THE COURT OF THE ……………..

 

 

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

 

 

ABC........................................................... Plaintiff

versus

.

XYZ........................................................... Defendant

 

The above named plaintiff most respectfully submits as under :

 

1.   On the ................... day of .................... 19 ...................., the plaintiff and the defendant mutually agreed that the defendant should deliver (.......barrels of flour) to the plaintiff on ................... 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.

4.   The profits as mentioned above are assessed to be of ................... rupees at the rate of ................... rupees per barrel.

5.   The plaintiff gave a notice in writing for payment of the damages caused by the defendant, which was received by him on .........19........ but the defendant did not reply to the notice of the plaintiff till now.

6.    6. The cause of action arose on.................. 19 .................. when the defendant received the notice of demand from the plaintiff, and lastly on ....... 19 ........................... the date of filing this suit till when the defendant has neither complied with the notice nor replied to it.

 

      This court has jurisdiction to try the suit.

 

                   7.The suit is valued at .................... rupees, the amount of damages aforesaid  and court fee is paid thereon.

 

Plaintiff through Advocate

 

 

 

VERIFICATION

 

 I, above named plaintiff, do hereby verify that the contents of para…….......... 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 DAMAGES FOR NOT DELIVERING GOODS SOLD