RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE
In the Court of ____________________
A.B. (add description and residence) ___________________ Plaintiff
C.D. (add description and residence) ___________________ Defendant
A.B., the above named plaintiff, states as follows:-
- On the ______ day of ____ 20 __ , the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at __________contained [ten bighas].
- 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.
- On the _______ day of ____ 20 ___, the plaintiff paid the defendant rupees as part of the purchase money.
- 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.]
- The plaintiff claims:
- _________ rupees, with interest from the _____ day of _____ 20____;
- that the said agreement be delivered up and cancelled.
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 20 of Indian Contract Act, 1872 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.