Rescission of a Contract on the Ground of Mistake  

In the Court of ......................................

______ (add description and residence) ...................... Plaintiff 

against

_______ (add description and residence) .................... Defendant 

________ above-named plaintiff, states as follows:- . 

1. On the ...... day of...... 200.. , the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at...... ..contained [ten bighas]. 

2. The plaintiff was thereby induced to purchase the same at the price of...... rupees in the belief that the said representation was true, and signed an agreement, of which the original is hereto annexed. But the land has not been transferred to him. 

3. On the ...... day of...... 200.. , the plaintiff paid the defendant rupees as part of the purchase-money. 

4. That the said piece of ground contained in fact only [five big has]. 

[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.] 

5. The plaintiff claims- 

(1) ...... rupees, with interest from the ........ day of...... 200... ; 

(2) that the said agreement be delivered up and cancelled. 

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

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