Not Delivering Goods Sold
In the Court of_______________________________
_____________________ (add description and residence)
____________________(add description and residence) ____________________Defendant
_____________, the above-named plaintiff, states as follows:-
- On the _______day of________20__________, the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the_________day of.____________, and that the plaintiff should pay therefor _____________rupees on delivery.
- On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods.
- The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery.
- Facts showing when the cause of action arose and that the Court has jurisdiction.
- The value of the subject matter of the suit for the purpose of jurisdiction is _____________rupees and for the purpose of courtfees is _______________rupees., and Relief claimed.
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 ______.
In the Court of _______________________________
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 57 of The Sale of Goods Act, 1930 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.