Suit For Damages Against Public Servant/Police Officer For Wrongful Acts

Suggest Format of "Suit For Damages Against Public Servant/Police Officer For Wrongful Acts"​

Note: This is a sample format/Draft of Suit for damages against Public Servant for Wrongful Acts. For the actual drafting and/or customs designed & precise inputs you can touch us for online drafting based upon your inputs. This draft can be downloaded free and modified for contingent and urgent requirement.

 

BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )            

….…………Plaintiff

            Versus

 

Station House officer              )

CD Road Line Police Station    )

District-………………

…………Defendants

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is a resident of Village………….. P.S…….. District……………
  2. That there was a dispute between two groups of the residents of the said Village over possession of Plot No…………… situate on the eastern side of the village and the dispute led to an imminent danger of breach of peace.
  3. That on information received, on………………. At about…………. (time) the defendant came to the Village accompanied by about 20 constables, all armed with batons, and found that the two groups of residents of the Village were poised against each other and there was an imminent apprehension of the breach of peace.
  4. That the Defendant and the constables accompanying him intervened but the groups did not disperse with the result that the defendant ordered a baton charge on the conflicting groups.
  5. That the groups which had collected at the spot started pelting stones at the Police party, headed by the defendant whereupon the Defendant started firing with his service revolver want only and carelessly.
  6. That the Plaintiff was standing on his roof at that time and one of the bullets fired by the Defendant hit the Plaintiff on his shoulder.
  7. That the Plaintiff got grievous injuries and had to be removed to the hospital, where the plaintiff remained and indoor patient for more than a month.
  8. That the Plaintiff thus suffered physical and mental pain, had to spend more that Rs………. On his treatment and also suffered a loss of Rs……….. on account of the loss of his business.
  9. That the Defendant acted negligently and wrongfully in firing his revolver want only without aiming it properly and the damages suffered by the Plaintiff are on account of the negligent and wrongful act of the Defendant. The Plaintiff is therefore entitled to recover Rs……………. From the defendant as damages as per details given below:
  • For physical and mental agony             Rs……….
  • For medical treatment Rs…………
  • For loss of business                 Rs…………

   Total                                              Rs…………

  1. That in spite of repeated demands and a notice under Sec.80, C. P.C., as required under the law sent through registered post and delivered to the defendant on…………….. the Defendant has not cared to pay the damages demanded by the Plaintiff.
  2. That the statutory period of two months’ notice under Sec.80, C.P.C., expired on………………….. hence this suit.
  3. Cause of action.
  4. Valuation.
  5. The Plaintiff, therefore, claims the following reliefs:
  • A decree for Rs…………….., may kindly be passed in favour of the Plaintiff and against the Defendant.
  • Pendent lite and future interests be awarded.
  • Costs of the suit may be awarded to the Plaintiff against the defendant.
  • Any other relief that this Court may deem just and proper.

                               

Plaintiff.

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )       

Plaintiff

Interpreted & Explained by me

 

Advocate for Plaintiff