[or executors, administrators,] and assigns, for securing the principal sum of Rs. together with interest thereon at the rate of Rs. per centum per annum, subject to redemption upon payment by the said defendant of the said principal and interest at a day long since past. 2. There is now due from the defendant to the plaintiff the sum of Rs. for principal and interest on the said mortgage. 3. The plaintiff prays (a) that the Court will order the defendant to pay him the said sum of Rs. with such further interest as may accrue between the filing of the plaint and the day of payment, and also the costs of this suit, on some day to be named by the Court, and in default that the right to redeem the said mortgaged premises may be foreclosed and the plaintiff placed in possession of the same premises; or (b) that the said premises may be sold, and the proceeds applied in and towards the payment of the amount of the said principal, interest and costs; and (c) that if such proceeds shall not be sufficient for the payment in full of such amount, the defendant do pay to the plaintiff the amount of the deficiency with interest thereon at the rate of six per cent. per annum until realization; and (d) that for that purpose all proper directions may be given and accounts taken by the Court. No. 110. (Title.) [Alter Form No. 109 thus:-] Transpose parties and also the facts in paragraph 1. For paragraph 2, substitute 2. There is now due from the plaintiff to the defendant, for principal and interest on the said mortgage, the sum of Rs. which the plaintiff is ready and willing to pay to the defendant, of which the defendant, before filing this plaint, had notice. For paragraph 3, substitute The plaintiff prays that he may redeem the said premises and that the defendant may be ordered to re-convey the same to him upon payment of the said sum of Rs. and interest, with such costs (if any) as the Court may order, upon a day to be named by the Court, and that the Court will give all proper directions for the preparation and execution of such re-conveyance and doing such other acts as may be necessary to put him into possession of the said premises, freed from the said mortgage. No. 111. SPECIFIC PERFORMANCE. (No. 1.) A. B., the above-named plaintiff, states as follows: day of and 1. By an agreement dated the signed by the above-named defendant, C. D., he the said C. D. contracted to buy of [or sell to] him certain immoveable property therein described and referred to, for the sum of rupees. 2. He has applied to the said C. D. specifically to perform the said agreement on his part, but he has not done so. 3. The said A. B. has been and still is ready and willing specifically to perform the agreement on his part of which the said C. D. has had notice. 4. The plaintiff prays that the Court will order the said C. D. specifically to perform the said agreement and to do all acts necessary to put the said A. B. in full possession of the said property [or to accept a conveyance and possession of the said property] and to pay the costs of the suit. [N.B.-In suit for delivery up, to be cancelled, of any agreement, omit paragraphs 2 and 3, and substitute a paragraph stating generally the grounds for requiring the agreement to be delivered up to be cancelled-such as that the plaintiff signed it by mistake, under duress, or by the fraud of the defendant—and alter the prayer according to the relief sought.] No. 112. SPECIFIC PERFORMANCE. (No. 2.) (Title.) A. B., the above-named plaintiff, states as follows: day of 18 the defendant , 1. That on the was absolutely entitled to certain immoveable property described in the agreement hereto annexed. 2. That on the same day, the plaintiff and defendant entered into an agreement, under their hands, a copy of which is hereto annexed. 5. That the defendant has not executed such conveyance. 6. That the plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant. The plaintiff prays judgment: (1) that the defendant execute to the plaintiff a sufficient conveyance of (2) for at No. 113. PARTNERSHIP1. A. B., the above-named plaintiff, states as follows: 1. He and the said C. D., the defendant, have been for the space of years [or months] last past carrying on business together within the jurisdiction of this Court, under certain articles of 1 The plaint in a partnership suit should be framed on the lines of this form, and the accounts should be taken as prayed therein, 7 Calc. 432. partnership in writing, signed by them respectively, [or, under a certain deed sealed and executed by them respectively, or, under a verbal agreement between them, the said plaintiff and defendant]. 2. Divers disputes and differences have arisen between the plaintiff and defendant as such partners, whereby it has become impossible to carry on the said business in partnership with advantage to the partners. 3. The plaintiff desires to have the said partnership dissolved, and he is ready and willing to bear his share of the debts and obligations of the partnership according to the terms of the said articles [or deed, or agreement]. 4. The plaintiff prays the Court to decree a dissolution of the said partnership, and that the accounts of the said partnership-trading may be taken by the Court, and the assets thereof realized, and that each party may be ordered to pay into Court any balance due from him upon such partnership-account, and that the debts and liabilities of the said partnership may be paid and discharged, and that the costs of the suit may be paid, out of the partnershipassets, and that any balance remaining of such assets, after such payment and discharge, and the payment of the said costs, may be divided between the plaintiff and defendant, according to the terms of the said articles [or deed, or agreement], or that, if the said assets shall prove insufficient, he the plaintiff and the said defendant may be ordered to contribute in such proportions as shall be just to a fund to be raised for the payment and discharge of such debts, liabilities and costs. And to give such other relief as the Court shall think fit. [N. B.—In suits for winding-up of any partnership, omit the prayer for dissolution but instead thereof insert a paragraph stating the fact of the partnership having been dissolved.] Money won from stakeholder. Money entrusted to agent. Money The plaintiff's claim is rs. for fees received by the defendant rs. for a return of money overcharged for rs. for a return of fees overcharged by the rs. for a return of money deposited with rs. for money entrusted to the defendant as stake-holder, and become payable to plaintiff. defendant as agent of the plaintiff. obtained by the plaintiff by fraud. fraud. The plaintiff's claim is defendant. The plaintiff's claim is on accommo- indorsed] for the defendant's The plaintiff's claim is paid by the plaintiff as surety. The plaintiff's claim is Contribution by surety. By co-debtor. Money paid for calls. Money pay. able under award. rs. for a return of money entrusted to the rs. for a return of money obtained from rs. for a return of money paid to the de rs. for a return of money paid to the dework left undone; or, a bill to be taken up, rs. for a return of money paid as a deposit rs. for money paid for the defendant as rs. for money paid for rent due by the rs. upon a bill of exchange accepted [or accommodation. rs. for a contribution in respect of money rs. for contribution in respect of a joint debt of the plaintiff and the defendant, paid by the plaintiff. The plaintiff's claim is rs. for money paid for calls upon shares, against which the defendant was bound to indemnify the plaintiff. The plaintiff's claim is The plaintiff's claim is Life-policy. life of X. Y., deceased. The plaintiff's claim is rs. for money payable under an award. rs. upon a bond to secure payment of ceptor, and against the defendant, C. D., as drawer [or indorser] of a bill of exchange. exchange, &c. The plaintiff's claim is price of goods sold. The plaintiff's claim is rs. against the defendant as surety for the Surety. rs. against the defendant, A. B., as principal, and against the defendant, C. D., as surety, for the price of goods sold [or for arrears of rent, or for money lent, or for money received by the defendant, A. B., as traveller for the plaintiff, or, &c.]. The plaintiff's claim is rs. for calls upon shares. Indorsement for Costs, &c. [Add to the above forms] and rs. for costs; and if the amount days [or if claimed be paid to the plaintiff or his pleader within be stayed. Damages and other Claims. Calls. The plaintiff's claim is for damages for breach of a contract to employ the Agent, &c. plaintiff as traveller. The plaintiff's claim is for damages for wrongful dismissal from the defendant's employment as traveller [and rs. for arrears of wages]. The plaintiff's claim is for damages for the defendant's wrongfully quitting the plaintiff's employment as manager. The plaintiff's claim is for damages for breach of duty as factor [or, &c.,] of the plaintiff [and rs. for money received as factor, or, &c.]. The plaintiff's claim is for damages for breach of the terms of a deed of Apprentices. apprenticeship of X. Y. to the defendant [or plaintiff]. The plaintiff's claim is for damages for non-compliance with the award of Arbitration. X. Y. The plaintiff's claim is for damages for assault [and false imprisonment, Assault, &c. and for malicious prosecution]. The plaintiff's claim is for damages for assault and false imprisonment of By husband the plaintiff, C. D. and wife. Against husband and The plaintiff's claim is for damages for assault by the defendant, C. D. The plaintiff's claim is for damages for injury by the defendant's negli- wife. gence as pleader of the plaintiff. Pleader. The plaintiff's claim is for damages for negligence in the custody of goods Bailment. [and for wrongfully detaining the same]. The plaintiff's claim is for damages for negligence in the keeping of goods Pledge. pawned [and for wrongfully detaining the same]. The plaintiff's claim is for damages for negligence in the custody of furni- Hire. ture [or, a carriage] lent on hire, [and for wrongfully, &c.]. The plaintiff's claim is for damages for wrongfully neglecting [or refusing] Banker. to pay the plaintiff's cheque. |