Injuries Caused by Negligent Driving 

 

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

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

against

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

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

1. The plaintiff is a shoemaker, carrying on business at...... . The defendant is a merchant of.................
2. On the...... day of...... 200.. , the plaintiff was walking south ward along Chowringhee, in the City of Calcutta, at about 3 o'clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant's, drawn by two horses under the charge and control of the defendant's servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses.
3. By the blow and fall and trampling the plaintiff's left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits.

 [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

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