SUIT FOR PRICE OF GOODS
AGAINST THE PRINCIPAL AND THE SURETY BOTH. [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 supplied goods worth Rs..................... to defendant No. 1 on
credit on the verbal guarantee given by the defendant No. 2 that if the
defendant would fail to pay for them, the defendant No. 2 would pay therefor.
2. That
the defendant No. 1 did not pay for the goods and the plaintiff gave written
intimation to both the defendants to pay for the goods within a week after the
receipt of the bill, this letter was received by defendant No. 1
on.................... and by defendant No. 2 on.............. but neither of
them has paid the amount so far.
3. That
cause of action has arisen on.................... 19.................... when
the defendants failed to pay for the goods given on credit within a week after
receipt of the bill aforesaid.
4. That
the suit is valued at Rs...................... the price of the goods given on
credit and court fee is paid according to the reliefs claimed. liable.
5. That
the defendants Nos. 1 and 2 are jointly and severally liable.
RELIEF
CLAIMED:
The
plaintiff claims:
(1)
Payment of
Rs..................... with Rs..................... as interest on the amount
up to the date of filing the suit.
(2)
Future interest from the
date of the suit to the date of the payment thereof. 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
ATTACHMENT
OF SALARY OF GUARANTOR — REPAYMENT OF TEMPORARY LOAN NOT EXEMPT.
Section 60
In
case of attachment of salary of guarantor the repayment of temporary advance
taken from GPF is not exempt and cannot be excluded.1
1.
Smt. Florence Mabel R. J. v. State of Kerala, AIR 2001 Kerala 19.
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