Plaint on behalf of Plaintiff

In the court of Civil Judge at Raipur

Suit No. 103 of 2015
A, S/o B, 47 Year

------------------------------------------------------ Plaintiff

Nehru Nagar
Raipur
v.
X, S/o Y, 60 Years

----------------------------------------------------- Defendant

Amapara
Raipur
Subject : Indian Partnership Act, 1932.
Suit for recovery of Rs. 15,000 against agent for misconduct.
Sir,
1) The plaintiff constitutes a partnership firm duly registered under the Indian Partnership
Act.
2) That they have instructed the defendant who were carrying on business at Amapara,
Raipur as commission agents, to purchase 150 quintals of castor seeds on accounts of
the plaintiff on on 17th dec. of 2014.
3) That the defendant informed the plaintiffs that the castor-seeds had been purchased by
them at Rs. 500 per quintal.
4) That the defendant sold the castor-seeds on 30 th Dec. 2014 on the instruction of the
plaintiff.
5) That the defendant filed a suit being No. 978 of 2014 in the court of civil judge at
Raipur against the plaintiff for Rs. 50,000 on the allegation that the said sum was due to
the present defendant on the basis of the dealing b/w the parties.
6) That in the course of recording evidence in the said suit No.978 of 2014, the plaintiff on
2nd of Jan. 2015, came to know that the defendant had made a secret profit of Rs.
15,000 in the transaction as mentioned under para 2,3,8 &4 above.

7) That the defendant acting as an agent of the plaintiff were guilty of misconduct in
making the secret profit of Rs. 15,000 as aforesaid which the defendant are bound to
repay to the plaintiff.
8) That the cause of action arose on 2nd of Jan. 2015 when the evidence of defendants
munim was recorded in suit No. 978 of 2014. Hence the court has jurisdiction.
9) The value of the suit of purpose of the court fee and jurisdiction is Rs. 5,000. Hence the
court has jurisdiction.

PRAYER
It is prayed that a decree for payment of Rs. 15,000 be passed in favour of plaintiff against
the defendant and the cost of the suit be also awarded to the plaintiff.

Place :

Sd-

Date :

Advocate______________
Plaintiff_______________

VERIFICATION
I, A__ the above mentioned plaintiff do hereby verify that the contents of paras No. 1-7 are
true to my knowledge and the contents of the remaining paras are based on legal advice of
my advocate which, I believe to be true.

Place :

Sd-

Date :

Plaintiff_______________

Affidavit in support of Plaint:

In the court of Civil Judge at Raipur

Suit No. 103 of 2015

A, S/o B, 47 Year

------------------------------------------------------ Plaintiff

Nehru Nagar
Raipur
v.
X, S/o Y, 60 Years

----------------------------------------------------- Defendant

Amapara
Raipur
Subject: - Indian Partnership Act, 1932.
I, the above named petitioner, states on oath:
1) That I am the petitioner in the present case.
2) That the plaint has been drafted by my counsel under my instructions and has been
explained to me by him and I have understood the contents of the plaint properly.
3) That the contents of paragraphs 1 6 are true to the best of my knowledge and the
contents of paragraphs 7 9 are believed to be true on the basis of information given
to me by my learned counsel.

Signature of Deponent

VERIFICATION
I, deponent, declares on oath that the contents of paragraphs 1 3 are true to the best of my
knowledge and nothing has been escaped and false.
Date:

Signature of Deponent

Place:

WRITTEN STATEMENT OF THE DEFENDANTS

In the court of Civil Judge at Raipur

Suit No. 103 of 2015
A, S/o B, 47 years

-----------------------------------------------------------------Plaintiff

Nehru Nagar
Raipur
V.
X, S/o Y, 60 years

----------------------------------------------------------------Defendant

Amapara
Raipur
Subject : Indian Partnership Act, 1932.
Suit for recovery of Rs. 15,000 against for misconduct.
Sit,
The defendant submit as under :
1.
2.
3.
4.

Para 1 is not denied.

Para 2 is not admitted.
Para 3 is correct.
Para 4 is admitted. The caster-seeds were sold at Rs. 550 per quintals. The total net
realization after adjusting the usual charge of weighing , arhat, charity, dirt and

damaged goods, amounted to Rs. 150 per quintal.

5. Para 5 is correct.
6. The defendant are not bound by the statement of the munim viz. Who made an
incorrect statement. No secret profit was made by the defendant or any of the partners.
The said munim is no longer in the defendant service as his services were dispensed
with on account of his misconduct. The decision in Suit No. 978 of 2014 decreed on
28th of Feb. 2015 by civil judge operates as res judicata herein.
7. Para 7 is denied.
PRAYER
The suit is time barred and also the court has no jurisdiction. It is there for prayed that the suit
may be dismissed with costs.
SdPlace __________

Defendant ______________

Date __________

Advocate _______________

VERIFICATION
I, X the above mentioned defendant, do hereby verify that the contents of Para No. 1-7 are
true to my knowledge and the contents of the remaining paras are based on the legal advice
given by my Advocate which I believe to be true.

SdPlace __________
Date __________

Defendant ______________

Affidavit in support of Written Statement:

In the court of Civil Judge at Raipur

Suit No. 103 of 2015
A, S/o B, 47 years

-----------------------------------------------------------------Plaintiff

Nehru Nagar
Raipur
V.

X, S/o Y, 60 years

----------------------------------------------------------------Defendant

Amapara
Raipur
Subject : Indian Partnership Act, 1932.
I, the above named non-petitioner, states on oath:
1) That I am the non-petitioner in the present case.
2) That the written statement has been drafted by my counsel under my instructions and
4) has been explained to me by him and I have understood the contents of the written
5) statement properly.
3) That the contents of paragraphs 1 6 are true to the best of my knowledge and the
6) contents of paragraphs 7 9 are believed to be true on the basis of information given
7) to me by my learned counsel.

Signature of Deponent

VERIFICATION
I, deponent, declares on oath that the contents of paragraphs 1 3 are true to the best of my
knowledge and nothing has been escaped and false.
Date:
Place: Raipur

Signature of Deponent