SUIT FOR DAMAGES FOR OBSTRUCTING A HIGHWAY AND DAMAGE CAUSED THEREBY. [CD1]
IN THE COURT OF THE ........
Suit No. ................... of 20........
C.D..................................... Plaintiff
versus
C.F.....................................
Defendant
The
abovenamed plaintiff most respectfully submits as under:
1.
The
defendant wrongfully dug a trench and heaped up earth and stones in the public
highway leading from................. 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 expenses for medical attendance.
3.
The
plaintiff has damage of Rs. ................ as mentioned above and detailed in
the Schedule annexed hereto, due to the wrongful act of the Defendant No. 1.
4.
The
Defendant No. 2 is responsible for the maintenance of the road is vicariously
liable for the aforesaid damages caused by the Defendant No. their negligence.
5.
The
plaintiff gave notice to both the defendants to pay the aforesaid damages to
the plaintiff, on ................. 20 ................ which was received by
defendant No. 1 on ................. 20................. and by the defendant
No. 2 on ................. 20 ................. Both the defendants have denied
their liability through registered reply. The reply of Defendant No. 1 was
received on ................ 20 ................. and of the Defendant No. 2 on
................. 20 .................
6.
The
cause of action arose within the jurisdiction of this count against defendant
No. 1 when the plaintiff received his reply, and against defendant No. 2, on
................. when the reply of this defendant was received
7.
Both
the defendants are jointly and severally liable.
8.
The
suit is valued at Rs. ................, and Court-fees is paid thereon.
The
relief claimed by way of this suit is the payment of...... by the defendants
jointly or severally, and costs of the suit.
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 the of paras
...................and ................... thereof are based on legal advice which
I believe to be true.
Verified on this ................ day
of ................... 20 .................. at ......
Plaintiff
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