Suit For Refund Of Money Advanced For Due Performance Of Contract

Suggest Format of "Suit For Refund Of Money Advanced For Due Performance Of Contract"​

Note: This is a sample format/Draft of Suit forrefund of money advanced for the due performance of Contract. 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 on ……………………. , the Defendant represented and assured the Plaintiff that he was the Bhumidar of ten big has of land situate in village………… pargana……………… , in District………………….. and that he wanted to dispose of the land.
  1. That the Plaintiff agreed to purchase the aforesaid land and paid a sum of Rs……………., to the Defendant on…………… as earnest money.
  1. That the Plaintiff contacted the lekhpal of the aforesaid Village………….and, on enquiry from him, found that the land stood recorded not in the name of the Defendant but in the name of his father who was the recorded Bhumidar of the land. The contract entered into by the Plaintiff was thus void on account of fraud perpetrated by the Defendant.
  1. That the Plaintiff, therefore, rescinded the contract with the defendant by a notice dated…………, sent by registered post and served upon the Defendant personally on……………, by the same notice the Plaintiff called upon the defendant to refund to him the aforesaid amount of Rs……………………. Which the Plaintiff had paid to him as earnest money.
  1. That in the circumstances narrated above, the Plaintiff is entitled to the refund of aforesaid amount of Rs…………….. , with interest at Rs……………… per cent. Per month.
  1. That the cause of action for the suit arose on the date of the contract and ultimately on……………, when the Plaintiff rescinded the contract at………….., where the money was paid within the jurisdiction of this Court and this Court has jurisdiction to try the suit.
  1. That the valuation of the suit for the purpose of jurisdiction and payment of court-fee is Rs…………………, and ad valorem court-fee has been paid.  

The Plaintiff, therefore, claims the following reliefs:

  • A decree for Rs…………….., be passed in favour of the plaintiff against the defendant with pendent lite and future interest.
  • The Costs of suit may be awarded to the Plaintiff.
  • 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