SUIT FOR DAMAGES FOR CARRYING ON A NOXIOUS MANUFACTURE AND FOR A PERMANENT INJUNCTION RESTRAINING IT
IN THE COURT OF THE………………..
Suit No………………… of 19………………..
C. D………………………………………………………….. Plaintiff
versus
C. F……………………………………………………….. Defendant
The abovenamed plaintiff most respectfully submits as under: —
1. The Plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called……………… situate in……………..
2. Ever since the…………….. day of…………….. 19……………… the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands.
3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and livestock of the plaintiff on the lands became unhealthy and many of them were poisoned and died.
4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming stock therefrom, and has been prevented from having so beneficial and healthy use and occupation of the lands as he otherwise would have had.
5. The plaintiff has suffered a damage of…………….. rupees due to the wrongful act of the defendant.
6. It is expedient and the balance of convenience is in favour of the plaintiff that the defendant be restrained by issuing a permanent injunction to the defendant deterring from such noxious manufacture at the land adjacent to that of the plaintiff.
7. The plaintiff gave a registered notice to the defendant dated…………….. 19……………… received by the defendant on…………….. 19……………… requesting the defendant to remove his manufacturing process to some industrial area, and demanded a damage of…………….. rupees within one month from the receipt of the notice.
8. Defendant vide his reply received by the plaintiff on…………….. 19 …………….. has denied his liability and has alleged his right to continue the manufacture in the area.
9. Cause of action arose on…………….. 19…………….. when the defendant started his noxious manufacture and the land of the plaintiff began to be damaged as mentioned above, secondly on…………….. 19…………….. when the defendant was served with notice of the plaintiff to pay damages and to restrain himself from doing such wrongful act., and lastly, when the defendant refused his liability of any damages or restriction, through his reply which the plaintiff received on…………….. 19…………….. and this court has jurisdiction to try the suit.
10. This suit is valued at Rs………………. the amount of damages and Rs……………… the thirty times of the annual rent of land revenue paid on the land of the plaintiff, and advalorum court-fee on the amount claimed for damages is paid and court-fee on one fifth valuation of land is paid for the relief of injunction.
RELIEF CLAIMED:
The plaintiff claims payment of Rs……………… the amount of damages from the defendant and further that the defendant be restrained by way of a permanent injunction from producing the abnoxious manufacture at the site adjacent to that of the plaintiff.
Plaintiff
Through Advocate
VERIFICATION
I, abovenamed plaintiff, do hereby verify that the contents of paras ……………….. to……………….. of the plaint are true to my personal knowledge and those of paras……………….. and……………….. thereof are based on legal advice which I believe to be true.
Verified on this…………….. day of……………….. 19……………….. at………………..
Plaintiff