Deficiency Upon a Resale [Goods Sold at Auction]

In the Court of _______________________________

 

___________________(add description and residence) ____________________Plaintiff

versus

___________________(add description and residence) ______________________Defendant

 

___________, the above-named plaintiff, states as follows:-

1. 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 resold by auction on his account, of which condition the defendant had notice.
2. The defendant purchased [________________] at the auction at the price of___________rupees.
3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [________] after.
4. The defendant did not take away the goods purchased by him, nor pay for them within [________] after the sale, nor afterwards.
5. On the_________day of _________20.__________the plaintiff resold the [______________], on account of the defendant, by public auction, forupees.
6. The expenses attendant upon such resale amounted to _________rupees.
7. The defendant has not paid the deficiency thus arising, amounting to_____________rupees.
8. Facts showing when the cause of action arose and that the Court has jurisdiction.
9. 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., and Relief claimed.]

Dated :

                                                                           Plaintiff

                                                                          Through, Advocate

 Verification

I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.

Affirmed at (Name of Place) this ______.

                                                            Plaintiff

 

AFFIDAVIT

In the Court of _______________________________

 

Petitioner:____________________________ 

                                   Versus

Respondent:____________________________

 

That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.

That, I am filing an application under Section _________________________________ before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.

 

Place:                                                                                 (Signature)

__________________                                                                          

Date:                                                                                   Deponent

__/__/____