SUIT FOR PRICE OF GOODS AGAINST THE PRINCIPAL AND THE SURETY BOTH.
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 supplied goods worth Rs………………… to defendant No. 1 on credit on the verbal guarantee given by the defendant No. 2 that if the defendant would fail to pay for them, the defendant No. 2 would pay therefor.
2. That the defendant No. 1 did not pay for the goods and the plaintiff gave written intimation to both the defendants to pay for the goods within a week after the receipt of the bill, this letter was received by defendant No. 1 on……………….. and by defendant No. 2 on………….. but neither of them has paid the amount so far.
3. That cause of action has arisen on……………….. 19……………….. when the defendants failed to pay for the goods given on credit within a week after receipt of the bill aforesaid.
4. That the suit is valued at Rs…………………. the price of the goods given on credit and court fee is paid according to the reliefs claimed. liable.
5. That the defendants Nos. 1 and 2 are jointly and severally liable.
RELIEF CLAIMED:
The plaintiff claims:
(1) Payment of Rs………………… with Rs………………… as interest on the amount up to the date of filing the suit.
(2) Future interest from the date of the suit to the date of the payment thereof.
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
ATTACHMENT OF SALARY OF GUARANTOR — REPAYMENT OF TEMPORARY LOAN NOT EXEMPT.
Section 60
In case of attachment of salary of guarantor the repayment of temporary advance taken from GPF is not exempt and cannot be excluded.1
1. Smt. Florence Mabel R. J. v. State of Kerala, AIR 2001 Kerala 19.