Legal Desire Online Workshop on ‘Legal Drafting’
DRAFTING OF PLAINT: SAMPLE PLAINT
PLAINT FOR SUIT AGAINST AGENT BY PRINCIPAL FOR MISAPPROPRIATION
In the Court of……………….. at……………………….
A B (add description and residence) Plaintiff
Versus
C D (add description and residence) Defendant
Suit for Recovery of Rs………………….. misappropriated by agent.
Facts:
The Plaintiff begs to submit as under:
1. That there was a litigation between the plaintiff and his brothers, E F and G H, which was
referred to the arbitration of the defendant who gave an award under which Rs………….. were
payable by the plaintiff to the brother, vide copy of decree No……. passed on…………… the
basis of the award in the court of …………….at…………… filed with plaint.
2. That the plaintiff owned Rs……… to J K on the basis of a hundi dated……….
3. That the plaintiff remitted Rs……….. to the defendant on ……….and instructed him to pay
Rs………to the brothers of the Plaintiff under the said award and to pay Rs………..to J K for the
discharge of the hundi.
4. That it has now transpired that the defendant neither paid an amount to E F and G H nor to J K,
on the other hand the defendant obtained an assignment of the hundi from J K in his own
favour and instituted a suit, being No…………of………in the Court of……………….at………for
recovery of the amount under hundi from the plaintiff. At the same time the said E F and G H
have filed an application for execution (being No…….of………) in the court of ………at ……...
on………….to recover the said Rs……….from the plaintiff.
5. That the plaintiff is accordingly entitled to recover the sums of Rs…….. and Rs…… total Rs……
from the defendant which had been entrusted to the defendant as an agent. He was either a
middleman or an intermediary on behalf of the plaintiff and the said sum of money were
entrusted to the defendant with the specific direction that it should be paid in one instance to
the brothers and in the others to J K.
6. That the above negligent act or misconduct of the defendant came to the notice of plaintiff
when the suit No……….of…………….an executive case No………….of……….referred to
above were instituted.
7. That the cause of action arose on………………and………….when the plaintiff came to know of
the aforesaid negligent act or misconduct of the defendant at. Hence, the court has
jurisdiction.
8. The value of the suit for purposes of court-fee and jurisdiction is Rs……………… Hence, the
court has jurisdiction.
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Legal Desire Online Workshop on ‘Legal Drafting’
9. It is prayed that a decree for payment of Rs……….be passed in favour of the plaintiff against
the defendant and costs of the suit be also awarded.
Place: …………………. (Signature of the plaintiff)
Date: …………………..
XYZ
Advocate
I, ______, do hereby solomnly verify that the contents from paras………..are correct and true to the
best of my knowledge and contents from para…….. are based on legal advice, which I believe to be
correct. Affirmed at………… this …….. Day of…………2014.
(Signature)
Plaintiff
ASSIGMENTS
You need to draft Plaint on any one of the following:
1. Suit for Non-Payment of Debt when a day is specified for Payment
2. Suit for Compensation for Inducing a Person to Break a Contract with Plaintiff.
3. Suit for infringement of Copyright.
4. Suit for Compensation for injury to Person.
Submit your Plaint in Microsoft Word (.doc/.docx) format in Assignment Submission form.
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