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HomeDamages SUIT FOR DAMAGES FOR WRONGFUL ATTACHMENT OF PROPERTY IN EXECUTION OF A DECREE

SUIT FOR DAMAGES FOR WRONGFUL ATTACHMENT OF PROPERTY IN EXECUTION OF A DECREE

Admin July 28, 2021
 

SUIT FOR DAMAGES FOR WRONGFUL ATTACHMENT OF PROPERTY IN EXECUTION OF A DECREE.[CD1] 

SUIT FOR DAMAGES FOR WRONGFUL ATTACHMENT OF PROPERTY IN EXECUTION OF A DECREE

 

 

 

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.    That the defendant, in execution of the Decree No. ...................of 20 ...................got attached the standing crop of wheat in Plot No.................... situate in village ............................. bighas in area, two bullocks, one buffallow, and two cows, for satisfaction of the decree aforesaid of Rs. ................... and the attached property and cattle were given in the custody of ...................., the receiver appointed by the Court.

2.    That the attached property and cattle remained in the custody of the receiver aforesaid for two months upto .................. 20 ................... when these were released by the Court on finding the attachment to be invalid due to some inherent defect in the decree and the decree having been stayed by the Honorable High Court in S.A. No. .................... of 19 .................... vide their order dated ............... ................... on the stay application of the plaintiff.

3.    That the crop had been cut under the supervision of the aforesaid receiver through hired labour and a worthwhile portion of the crop had been misappropriated by the labour aforesaid. The cattle aforesaid also were depreciated in value the loss of milk. Thus the damages occurred as follows at the hands of receiver aforesaid appointed at the instance of the defendant:

 

 

 

 

 

PARTICULARS OF DAMAGES:

 

loss of the value of crop due to misappropriation and careless handling : by the hired labour .................... Rs. ..................../-

loss of milk of the cattle................... Rs. .................../-

depreciation in the cattle .................... Rs. ............./-

 

4.    The cause of action arose on ....................19 .................... property and cattle were wrongfully attached, and this court has jurisdiction to decide the suit.

5.    That suit is valued at Rs. ..................../- the total amount of damaged as assessed above, and interest from date of filing of suit till payment thereof fee is paid thereon.

 

 

 

 

RELIEF CLAIMED[CD2] 

 

The plaintiff claims payment of Rs. .................. /- from the defendant with interest from the date of suit till payment thereof.

Plaintiff

Through

Advocate

 

 

 

 

VERIFICATION[CD3] 

 

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

 


 [CD1]SUIT FOR DAMAGES FOR WRONGFUL ATTACHMENT OF PROPERTY IN EXECUTION OF A DECREE.

 

 [CD2]RELIEF CLAIMED: [CD2]

 

 [CD3]VERIFICATION

 

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