Chapters and Sections of this Code extending to Mufassal Courts of Small Causes. PRELIMINARY: Sections 1, 2, 3 and 5. I. Of the Jurisdiction of the Courts and Res Judi- II.-,, the Place of Suing, except section 20, para- CHAPTER Do. Do. III Do. IV. Do. Do. Do. Do. Do. Parties and their Appearances, Applications and Acts. the Frame of the Suit, except section 42 and section 44, rule a. V.- the Institution of Suits. VI.-,, the Issue and Service of Summons, except section 77. VII.- the Appearance of the Parties and consequence of Non-appearance. VIII.-Section 111, Set-off. IX. Of the Examination of the Parties by the Court, except section 119. X.-,, Discovery and the admission, &c., of Docu ments. CHAPTER Do. Do. Do. Do. Do. Do. XII.-Section 155, first paragraph, Judgment where either party fails to produce his evidence. XIII. Of Adjourments. XIV.,, the Summoning and Attendance of Wit XV.— " nesses. the Hearing of the Suit and Examination of Witnesses, except sections 182 to 188 (both inclusive). XVII.-,, Judgment and Decree, except sections 204, XXI-,, the Death, Marriage and Insolvency of XXII. the Withdrawal and Adjustment of Suits, XXIV., requiring Security for Costs. Do. Do. Do. Do. Do. Do. Do. XXVII. XXV.- Commissions. by and against Government or Government by Aliens and by and against Foreign and Native Rulers, except the first paragraph of section 433. ,, by and against Corporations and Companies. XXX.- by and against Trustees, Executors and Administrators. XXXI.- by and against Minors and Persons of unsound Mind. Do. Do. Do. Do. Do. Do. Do. Do. Do. XXXIV.-Of Arrest and Attachment before Judgment. XXXVIII. Of proceedings on Agreement of Parties. XLIX.-Miscellaneous, sections 640 to 647 (both inclu- (See section 7). Bombay Enactments. Bombay Regulation XXIX, 1827. | Act XIX, of 1835. VII,, 1830. I., 1831. XVI, 1831. A. B., the above-named plaintiff, states as follows:1. That on the day of defendant 18 at rupees repayable on demand [or on the 2. That the defendant has not paid the same, except on the day of 18 [If the plaintiff claims exemption from any law of limitation, say :— 3. The plaintiff was a minor [or insane] from the till the day of at ]. 4. The plaintiff prays judgment for per cent. from the day of day of rupees, with interest 18 [NOTE.-The object of stating when the debt is to be repaid is merely to fix a date for interest. If, therefore interest is not claimed, the statement may be omitted.] No. 2.-FOR MONEY RECEIVED TO PLAINTIFF'S USE. (Title.) A. B., and G. H., the above-named plaintiffs, state as follows: 2. That the defendant has not paid [or delivered] the same accordingly. A. B., the above-named plaintiff, states as follows: and E. F, since deceased, delivered to the defendant [one thousand barrels of flour, five hundred maunds of rice, or as the case may be] for sale upon commission. to day of 18 rupees. 3. That the commission and expenses of the defendant thereon, amount rupees. day of 4. That on the 18 , the plaintiff demand ed from the defendant the proceeds of the said merchandise. 5. That he has not paid the same. [Demand of judgment.] No. 4. FOR MONEY RECEIVED BY DEFENDANT THROUGH THE PLAINTIFF'S MISTAKE OF FACT. A. B., the above-named plaintiff, states as follows: 1. That on the day of the plaintiff agreed to buy and the defendant agreed to sell bars of silver at annas per tola of fine silver, 2. That the plaintiff procured the said bars to be assayed by one E. F., who was paid by the defendant for such assay, and that the said E. F. declared each of the said bars to contain 1,500 tolas of fine silver, and that the plaintiff accordingly paid the defendant Rs. annas therefor. 3. That each of the said bars did contain only 1,200 tolas of fine silver. 4. That the defendant has not repaid the sum so overpaid. [Demand of judgment.] [NOTE.-A demand of repayment is not necessary, but it may effect the question of interest or the costs.] No. 5.-FOR MONEY PAID TO A THIRD PARTY AT THE DEFENDANT'S REQUEST. (Title.) 4. B., the above-named plaintiff, states as follows:- 1. That on the at the request Lor by the authority] of the defendant, the plaintiff paid to one E. F., rupees, 2. That, in consideration thereof, the defendant promised [or became bound] to pay the same to the plaintiff on demand [or as the case may be]. 18 the plaintiff demanded payment of the same from the defendant, but] he has not paid the same. [Demand of judgment.] (NOTE.-If the request or authority is implied the plaint should state facts raising the implication.) (No. 6-FOR GOODS SOLD AT A FIXED PRICE AND DELIVERED.) (Title) A. B., the above-named plaintiff, states as follows: of deceased sold and delivered to the defendant [one hundred barrels of flour, or, the goods mentioned in the schedule hereto annexed, or, sundry goods.] 2. That the defendant promised to pay goods on delivery [or on the was filed.) day of rupees for the said some day before the plaint 3. That he has not paid the same. 4. That the said E. F., in his lifetime made his will, whereby he appointed the plaintiff executor thereof. 5. That on the day of 187 the said E. F., died. probate of the said will was granted to ths plaintiff by the Court of 7. The plaintiff as executor as aforesaid (Demand of judgment). (NOTE.-If a day was fixed for payment it should be stated as furnishing a date for the commencement of interest.) 1. No 7.-GOODS SOLD AT A REASONABLE PRICE AND DELIVERED. (Title.) day of 18 1. B., the above-named plaintiff, states as follows: at That on the , plaintiff sold and delivered to the defendant (sundry articles of house furniture) but no express agreement was made as to the price. 2. That the same were reasonably worth (Demand of judgment) rupees. (NOTE.-The law implies a promise to pay so much as the goods are reasonably worth.) No. 8. GOODS DELIVERED TO A THIRD PARTY AT DEFENDANT'S REQUEST AT A FIXED PRICE. A. B., the above-named plaintiff, states as follows: plaintiff sold to the defendant [one hundred barrels of flour] and, at the request of the defendant, delivered the same to one E. F. 2. That the defendant promised to pay to the plaintiff therefor. 3. That he has not paid the same. [Demand of judgment.] rupees No. 9.-FOR NECESSARIES FURNISHED TO THE FAMILY OF DEFENDANT'S TESTATOR WITHOUT HIS EXPRESS REQUEST, AT A REASONABLE PRICE. A. B., the above-named plaintiff, states as follows: (Title.) 1. That on the day of 18 at " , plaintiff, furnished to [Mary Jones] the wife of James Jones deceased, at her request, sundry articles of [food and clothing], but no express agreement was made as to the price. 2. That the same were necessary for her. 3. That the same were reasonably worth rupees. 4. That the said James Jones refused to pay the same. 5. That the defendant is the execntor of the last will of the said James Jones. [Demand of judgment.] No. 10.-FOR GOODS SOLD AT A REASONABLE PRICE. (Title.) A. B., the above-named plaintiff, states as follows: 1. That on the day of sold to E. F. of , the plaintiff deceased [all the crops then growing on his farm in 1. |