Suit For Damages For Malicious Prosecution/False Case

Suggest Format of "Suit For Damages For Malicious Prosecution/False Case"​

Note: This is a sample format/Draft of Suit for damages for Malicious Prosecution/False Case. 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

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )       

…………Defendants

               

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is a respectable man and a medical practitioner of repute of this town.
  2. That the defendant lodged a report with the Police Station Kotwali against the Plaintiff under Sec.420, I. P. C. on………. (dated) and followed it up by filing a complaint under Sec. 420, I. P.C., against the Plaintiff in the Courts of the Munsif Magistrate (city) ………………… who on…………… summoned the Plaintiff to stand his trial.
  3. That after a full trial which lasted for……. Hearings the Munsif Magistrate (city) was pleased to acquit the Plaintiff by his judgment dated………
  4. That the report and the complaint of the Defendant were based on absolutely false allegations and the Defendant acted maliciously and without reasonable or probable cause in lodging the same.
  5. That many persons, including a large number of the Plaintiff’s patients, hearing of the prosecution of the Plaintiff for cheating, and supposing the Plaintiff to be a criminal, have ceased to be treated by and have dealings with the Plaintiff, whereby the Plaintiff has suffered considerable and substantial monetary loss.
  6. That in consequence of the said prosecution, the Plaintiff suffered physical pain and mental shock and was prevented from transacting his business and profession besides being injured in his credit and reputation.
  7. That the Plaintiff incurred an expenditure of Rs………… in defending himself against the defendant’s said complaint.
  8. That the Plaintiff is entitled to recover from the Defendant as damages the amounts detailed below:
  • On account of loss of business and profession Rs………
  • On account of loss of reputation and credit Rs…………
  • On account of bodily and mental pain Rs………………
  • On account of expenses of defense Rs…………………

                                       Total Rs………………………

  1.  That the Plaintiff sent a notice to the Defendant demanding payment of the aforesaid amount of Rs…………… The notice was served on the defendant on…………….. but he sent no reply.
  2. That the cause of action arose on……… the date on which the Plaintiff was acquitted, at ………………. Within the jurisdiction of this Court which has jurisdiction to try this suit.
  3. That the valuation of the suit for the purposes of jurisdiction and payment of court-fee is Rs……………….. and ad valorem court-fee has been paid accordingly.
  4. 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