DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]
IN THE COURT OF_____________ (add detail court)
_________________ (suppose A.B.)(add description and residence).
__________________ (suppose C.D.)(add description and residence) . . .
A. B., the above-named plaintiff, states as follows:-
- 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.
- The defendant purchased [one crate of crockery] at the auction at the price of___ rupees.
- The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after.
- The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards.
- On the.__________________ day of________19_____, the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for__________rupees.
- The expenses attendant upon such re-sale amounted to_____rupees.
- The defendant has not paid the deficiency thus arising, amounting to 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.