SUIT FOR INJUNCTION TO RESTRAIN A WATER-COURSE AND FOR DAMAGES FOR SUCH WRONGFUL ACT [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
plaintiff is, and at the time hereinafter mentioned was, possessed of a mill
situated on a (stream) known as the .................. in the village of ......
district of .........
2.
By
reason of such possession the plaintiff was entitled to the flow of the stream
for working the mill.
3.
On
the ................ day of .................... 20 ...................., the
defendant, by cutting the bank of the stream, wrongfully diverted the water
thereof, so that less water ran into the plaintiff's mill.
4.
By
reason thereof the plaintiff has been unable to grind more than .....................
sacks per day, whereas, before the said diversion of water, he was able to
grind .................... per day.
5.
The
defendant is liable to be restrained by issue of a permanent injunction against
him prohibiting him from diverting the flow of water of the stream, and balance
of convenience is in favour of the plaintiff.
6.
The
plaintiff has suffered damage of Rs. ............... till the date of filing
the suit due to the wrongful act of the defendant as aforementioned.
7.
The
plaintiff gave a registered notice to the defendant dated ............... 20.....................,
demanding the damages and restraining himself from interfering into the lawful
right of the plaintiff by any such wrongful act as mentioned above.
The notice was received by the
defendant on ......... reply denying his liability, of the defendant was
received by the plaintiff on ............ 20 ..........
8.
Cause
of action arose on .................... when the defendant first diverted the
course of water, secondly on when the defendant received in plaintiff and
lastly, on ................. when the plaintiff received defendant denying his
liability, and this Court has jurisdiction to try the suit.
9.
The
suit is valued at Rs. ................... and for the purpose injunction it is
valued at .................. and court-fee thereon is paid.
The plaintiff claims the following
reliefs:
(i)
the
Defendant may be restrained by issuing a permanent prohibitory injunction from
diverting the course of the water aforesaid.
(ii)
payment
of Rs. .................... as damages for the wrongful act of the
defendant; and
(iii) costs of the suit be awarded to 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 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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