Nature of
grievance:
Suit for wages of any person
other than seamen: For the
recovery of unpaid / accrued Salaries / Wages – A Suit may be filed for the
recovery of lawful dues of Salaries / Wages, within three years from the date
when the accrued Salary or the Wage is due, under Article 7 of the Indian
Limitation Act, 1963.
Reliefs prayed:
(As may be appropriate and applicable to the
facts of one’s case)
a)
The
Defendant be ordered and decreed to pay Rs.________, as per particulars of
claim, annexed to the Plaint (Exhibit
“____”);
b)
The
Defendant be further ordered and decreed to pay interest on the Suit amount,
@18% from the date of filing of Suit, till date of judgment; and further
interest @18 / 12 / 6 % from the date of judgment till payment;
c)
The
Hon’ble Court be pleased to declare that ___________ (declaration, in the absence of which the
rights of the Plaintiff may be frustrated); (as may be applicable to the facts of the case) (Please see the Note
below)
d)
The
Defendants be permanently injuncted from acting (permanently restrained from
doing of certain acts), such acts which would otherwise frustrate the rights of
the Plaintiffs, or such acts, which would otherwise run contrary to the rights
of the plaintiff; (as may be applicable
to the facts of the case) (Please see the Note below)
e)
The
Defendant be ordered and decreed by way of Mandatory Injunction to __________
“perform certain acts”; (as may be
applicable to the facts of the case) (Please see the Note below)
Interim and Ad-Interim Reliefs: Pending the
hearing and final disposal of the Suit, the Hon’ble Court so as to prevent the
ends of justice from being defeated, be pleased –
f)
The
Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC,
1908, issue a warrant to arrest the defendant and bring him before the Court to
show cause why he should not give security for his appearance, and if he fails
to comply with any order for security commit him to the civil prison; (as may be applicable to the facts of the
case)
g)
The
Hon’ble Court, in the due exercise of their powers u/s 94 and O.38 of CPC, 1908,
direct the defendant to either (i) furnish security to produce any property
belonging to him and to place the same at the disposal of the Court or (ii)
order the attachment of his property, or, (iii) furnish the bank guarantee for
the Suit amount or (iv) deposit the Suit amount in the Court;
h)
Interim/ad-interim
reliefs in terms of prayer clauses _______ as aforesaid.
i)
Such
further and other reliefs as this Hon’ble Court may deem fit and proper in the
circumstances of the case as may be necessary.
Note: In Summary Suits, the Reliefs could
only be in the nature of Money, i.e. the Principal sum and the interest, if any
claimed, and no declaration or injunction of any nature could be asked for. In
Summary Suits, even unliquidated compensation or damages cannot be claimed.
However, if other Reliefs are also required to be sought, then, preferably, a
leave of the Court under O.2 R.2 may be obtained to file a separate Suit for
other Reliefs. Nevertheless, a comprehensive regular Suit may be filed claiming
all Reliefs, instead of filing two Suits. Further, whereas Summary Suits are
not maintainable in every District Court, in such cases, a comprehensive Suit
for all the Reliefs may be filed. Also, please take note of this whilst making
averments in the body of Plaint.
Material facts of the case:
The Plaintiffs, most respectfully
submit that, having regard to the nature of reliefs prayed for in this Suit,
the following facts become germane to the controversy herein; And, the
reasonable satisfaction of the existence or the non existence, as the case may
be, of these facts, may entitle the Plaintiffs the judgment in their favour.
The chronology / chain of events, which has led to the present situation, and
has constrained the Plaintiffs to seek certain Reliefs from this Hon’ble Court.
[In the chronology / chain of events, the following facts should be set out
in clear terms, at appropriate juncture.]
1. The facts showing that Plaintiff
is / was in the employment of the Defendant:
2. The terms of the employment, if any,
reduced to written document / Agreement:
3. The date of joining the Defendant:
4. The date of leaving the Defendant,
if it is so:
5. The facts showing that the
Defendant has not paid the Plaintiff for certain period of employment:
In Money Claim Suits, to claim interim relief, “of arrest of
the Defendant to cause him to furnish security for his appearance, pending the
disposal of the Suit”, any one of the facts must be shown to have exist –
1. Facts and circumstances showing
that, with intent to delay the plaintiffs, or to avoid any process of the Court
or to obstruct or delay the execution of any decree which may be passed against
him, the defendant has absconded or left the local limits of the jurisdiction
of the Court:
or
2. Facts and circumstances showing that,
with intent to delay the plaintiffs, or to avoid any process of the Court or to
obstruct or delay the execution of any decree which may be passed against him,
the defendant is about to abscond or leave the local limits of the jurisdiction
of the Court:
or
3. Facts and circumstances showing
that, with intent to delay the plaintiffs, or to avoid any process of the Court
or to obstruct or delay the execution of any decree which may be passed against
him, the defendant has disposed of or removed from the local limits of the
jurisdiction of the Court his property or any part thereof:
or
4. Facts and circumstances showing
that, with intent to delay the plaintiffs, or to avoid any process of the Court
or to obstruct or delay the execution of any decree which may be passed against
him, the defendant is about to leave India under circumstances affording
reasonable probability that the plaintiff will or may thereby be obstructed or
delayed in the execution of any decree which may be passed against the
defendant in the suit:
In Money Claim Suits, to claim interim relief of “directing
the Defendant to furnish security for certain sum of money, either by
furnishing the bank guarantee or by depositing the said sum of money in the
Court”, or to effect the conditional attachment of his immovable property,
pending the disposal of the Suit”, any one of the facts must be shown to have
existed.
1. Facts and circumstances showing
that, with intent to obstruct or delay the execution of any decree which may be
passed against him, the defendant is about to dispose of the whole or any part
of his property:
or
2. Facts and circumstances showing
that, with intent to obstruct or delay the execution of any decree which may be
passed against him, the defendant is about to remove the whole or any part of
his property from the local limits of the jurisdiction of the Court:
or
3. Facts and circumstances showing
that the Defendants have admittedly committed default in making payment of
debt; and the Defendants have not even bothered to respond to the legal notice
of demands being issued by the Plaintiffs; and the Defendants have prima facie
no defense to the demand made by the Plaintiffs; and if the claim of the
Plaintiffs is not secured by passing appropriate order against the Defendants,
there would be a paper decree in the hands of the Plaintiffs and such huge
claim made by the Plaintiffs would not be recovered.
or
4. Facts and circumstances showing
that the Defendant has become incommunicable i.e. he is not available at the
place where he regularly carries on business; and he doesn’t answers the phone
calls, nor the Defendant makes any reply to the Notices which are being sent;
and therefore there is a reasonable apprehension that the Defendant may dispose
of the whole or any part of his property, to the serious prejudice of the
Plaintiffs and other creditors of the Defendants:
or
5.
Facts
and circumstances showing that the Defendant in their letters and emails, in
unambiguous terms have admitted the claim of the Plaintiffs; and / or the
Defendants, vide their Letters / Emails dated _________ to the Plaintiffs, have
stated that the Defendant is facing severe financial crunch; and therefore
there is a reasonable apprehension that the Defendant may alienate, encumber,
dispose or create third party rights in respect of their immovable properties,
to the serious prejudice of the Plaintiffs and other creditors of the
Defendant; and there may not be other properties which could have been made
available for the purposes of satisfying the decree, if any, passed against the
Defendants; and if the claim of the Plaintiffs is not secured by passing
appropriate order against the Defendants, there would be a paper decree in the
hands of the Plaintiffs and such huge claim made by the Plaintiffs would not be
recovered.
[To claim any relief in the nature of declaration] The facts showing that the
Plaintiff is entitled to some legal position, or to some property, or to some
right of any nature whatsoever; and the facts and circumstances showing that
the Defendant is doing some act by which the Defendant deny such rights of the
Plaintiffs;
[To claim any relief in the nature of permanent injunction] The facts showing that the
Plaintiff is entitled to some legal position, or to some property, or to some
right of any nature whatsoever; and the facts and circumstances showing that
the Defendant is doing some act by which the Defendant interferes with such
rights of the Plaintiffs;
[To claim any relief in the nature of mandatory injunction] The facts showing that the
Defendant is under obligation under the law or under the contract, to perform
certain acts, which he is neglecting to do, and the Courts can compel
performance of such acts, and the performance of such acts are essential
pending the final disposal of the Suit, and the failure of performance of such
acts may render the Suit infructuous.
(Please see the Note below)
Jurisdiction:
Limitation:
Valuation:
Power of Attorney:
Facts constituting the cause of action:
Verification:
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