DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]

 

IN THE COURT OF_____________ (add detail court)

Suit no.____/20____

_________________ (suppose A.B.)(add description and residence).

Plaintiff

against

__________________ (suppose C.D.)(add description and residence) . . .

Defendant

A. B., the above-named plaintiff, states as follows:-

1. On the_________day of_________19._________ , the plaintiff put up at auction sundry [goods], subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after the sale should be re-sold by auction on his account, of which condition the defendant had notice.
2. The defendant purchased [one crate of crockery] at the auction at the price of___ rupees.
3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after.
4. The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards.
5. On the.__________________ day of________19_____, the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for__________rupees.
6. The expenses attendant upon such re-sale amounted to_____rupees.
7. The defendant has not paid the deficiency thus arising, amounting to rupees.
8. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
9. 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.