Suit For Damages Of Trespass & Illegal Attachments

Suggest Format of "Suit For Damages Of Trespass & Illegal Attachments"​

Note: This is a sample format/Draft of Suit for Trespass & Illegal Attachments. 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 requirements.

 

 

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

 

  1. XXX S/o YYY )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )        

  1. The state of …………… )

…………Defendants

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the Plaintiff is the owner of General Stores at………………….. . in …………. Dealing in the sale of various items usually dealt with in general stores.
  2. That the Plaintiff has been paying the amount of sales tax regularly in the Sales Tax Department.
  3. That the Defendant No.2 is the Sales Tax Officer of defendant No.1 posted at……………..
  4. That on…………….. at about……………….p.m. Defendant No.2 came to the stores of the Plaintiff accompanied by the departmental employees and wrongfully attached and took possession of furniture and various other items of the General Stores on the alleged ground that a sum of Rs…………… was due from the Plaintiff as arrears of sales tax.
  5. That as a matter of facts no amount was due from the Plaintiff as arrears of sales tax and the allegation of Defendant No.2 to the contrary was false and incorrect.
  6. That the Plaintiff has suffered damages and loss as detailed below:

(Give details of damages and loss including damages on account of loss of reputation and loss of business, etc.)

  1. That the Plaintiff gave notice to the Defendants under Sec.80, C. P.C., claiming the aforesaid amount of Rs……………… from them as loss and damages but the defendants have not cared to pay the same to the Plaintiff.
  2. That the cause of action for the suit arose on……………… at…………… when Defendant No.2 unlawfully seized and took possession of the Plaintiff’s furniture and other articles within the jurisdiction of this Court and this Court has got jurisdiction to try the suit.
  3. That the valuation of the suit for purposes of jurisdiction and payment of court-fee is Rs……….. on which ad valorem court-fee of Rs…………….. has been paid.

The Plaintiff, therefore, claims the following reliefs:

  • A decree for Rs…………….., be passed in favour of the plaintiff against the defendants.
  • The Costs of suit may be awarded to the Plaintiff; and
  • Any other relief which this Court may deem just and proper be granted to the Plaintiff.

 

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