DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]

1. B., the above-named plaintiff, states as follows:-
2. On the………….day of………….20…………….. , the plaintiff put up at auction sundry [goods], subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after the sale should be re-sold by auction on his account, of which condition the defendant had notice.
3. The defendant purchased [one crate of crockery] at the auction at the price of…… rupees.
4. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after.
5. The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards.
6. On the……………………..day of………….20………, the plaintiff re-sold the [crate of crockery],on account of the defendant, by public auction, for………..rupees.
7. The expenses attendant upon such re-sale amounted to……..rupees.
8. The defendant has not paid the deficiency thus arising, amounting to rupees.
9. [Facts showing when the cause of action arose and that the Court has jurisdiction.
10. The Value of the subject-matter of the suit for the purpose of jurisdiction is …….rupees and for the purpose of court-fees is………….rupees.