Procuring Property by Fraud
In the Court of _______________________________
_____________________(add description and residence) ____________________Plaintiff
Vs
________________________(add description and residence) ____________________Defendant
_________________, the above-named plaintiff, states as follows:-
- On the _______day_________20__________, the defendant, for the purpose of inducing the plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and worth_______ rupees over all his liabilities].
- The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of_________rupees.
- The said representations were false [or state the particular falsehoods] and were then known by the defendant to be so.
- The defendant has not paid for the goods. [Or, if the goods were not delivered. ] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended_____________rupees.
- 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 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 59 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.
Place: (Signature)
__________________
Date: Deponent
__/__/____
