Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

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-
cata, except section 11.

II.-,, the Place of Suing, except section 20, para-
II.—
graph 4, and sections 22 to 24 (both inclu-
sive).

CHAPTER

Do.

Do.

III

Do.

IV.

Do.
Do.

Do.

Do.

Do.

Do.

[ocr errors]
[ocr errors]

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.

[ocr errors]

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,
207, 211, 212, 213, 214 and 215.
XVIII-Sections 220, 221 and 222, of Costs.
XIX. Of the Execution of Decrees, sections 230 to
236 (both inclusive), 239 to 258 (both inclu-
sive), 259 (except so far as relates to the re-
covery of wives), 266 (except so far as relates
to immoveable property), 267 to 272 (both
inclusive), 273 (so far as relates to decrees
for moveable property), 275 to 280 (both in-
clusive), 283, 284 (so far as relates to move-
able property), 285, 286, 287, 288, 289, 290,
291, 292, 293 (so far as relates to re-sales
under 297), 294 to 303 (both inclusive), 328
to 333 (both inclusive, so far as relates to
moveable property), 336 to 343 (both in-
clusive).

XXI-,, the Death, Marriage and Insolvency of
Parties.

[ocr errors]

XXII. the Withdrawal and Adjustment of Suits,
XXIII. ,, Payment into Court.

XXIV., requiring Security for Costs.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

XXVII.

[blocks in formation]

XXV.- Commissions.
XXVI. Suits by Paupers.

by and against Government or Government
Servants.

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.

[ocr errors]

XXXI.- by and against Minors and Persons of unsound Mind.

[ocr errors][merged small]
[blocks in formation]

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

Do.

XXXIV.-Of Arrest and Attachment before Judgment.
XXXVII.-Reference to Arbitration, sections 506 to 522
(both inclusive).

XXXVIII. Of proceedings on Agreement of Parties.
XLVI.-Reference to and Revision by High Court.
XLVII-Of Review of Judgment.

XLIX.-Miscellaneous, sections 640 to 647 (both inclu-
sive), section 648 (so far as relates to arrests),
sections 649 to 652 (both inclusive).

(See section 7).

Bombay Enactments.

Bombay Regulation XXIX, 1827. | Act XIX, of 1835.

VII,, 1830.

I., 1831.

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

XVI, 1831.

[merged small][ocr errors]
[blocks in formation]

A. B., the above-named plaintiff, states as follows:1. That on the day of

defendant

18

at

[ocr errors]

rupees repayable on demand [or on the 2. That the defendant has not paid the same, except

on the day of

18

[merged small][ocr errors][merged small][merged small][merged small]

[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:

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

2. That the defendant has not paid [or delivered] the same accordingly.

[blocks in formation]

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

[merged small][merged small][merged small][merged small][ocr errors][merged small]

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.

[blocks in formation]

to

[blocks in formation]

day of

18

[ocr errors]

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.
(Title.)

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

[blocks in formation]

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:-
:-

[blocks in formation]

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].

[merged small][ocr errors]

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:

[merged small][merged small][merged small][ocr errors][merged small][merged small]

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

[blocks in formation]

day of
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
3. That the defendant has not paid the same.

(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:

[merged small][merged small][merged small][merged small][ocr errors]

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

[merged small][ocr errors][merged small]

, the plaintiff deceased [all the crops then growing on his farm

in 1.

« PreviousContinue »