For Malicious Prosecution
In the Court of ......................................
A.B. (add description and residence) ...................... Plaintiff
against
C.D. (add description and residence) .................... Defendant
A. B., the above-named plaintiff, states as follows:-
1. On the ........ day of........200.. , the defendant obtained a warrant of arrest from .......... [a magistrate of the said city, or as the case may be] on a charge of...... , and the plaintiff was arrested thereon, and imprisoned for...... [days, or hours, and gave bail in the sum of...... rupees to obtain his release].
2. In so doing the defendant acted maliciously and without reasonable or probable cause.
3. On the ...... day of...... 200.. ., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.
4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E.F., or in consequence the plaintiff suffered plain of body and mind, and was prevented from transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the said complaint.
[i. Facts showing when the cause of action arose and that the Court has jurisdiction. ]
ii. 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 ___________ this ______.
Plaintiff
AFFIDAVIT
IN THE COURT OF THE CIVIL JUDGE, _____________
Petitioner:____________________________ (Name)
Versus
Respondent:____________________________(Name)
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 Order IX Rule 9 of the Code of Civil Procedure, 1908 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
__/__/____
