Nature of
grievance:
Suit by executors, administrators or representatives under the
Legal Representatives Suits Act, 1855: Where some
wrong acts have been committed against a deceased person during his lifetime
and which has occasioned pecuniary loss to his estate, and for which wrong an
action might have been maintained by such deceased person – A Suit may be filed
by the executors, administrators or representatives under the Legal
Representatives Suits Act, 1855, for damages / compensation, within one year
from the date of the death of the person who was wronged, under Article 81 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 the particulars of
Claim, annexed to the Plaint at Exhibit
“____”;
b)
The
Defendant be further ordered and decreed to pay interest on the Suit amount,
@12% from the date of filing of Suit, till date of judgment; and further
interest @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 is frustrated);
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.
e)
The
Defendants be ordered and decreed by way of Mandatory Injunction to __________
“perform certain acts”;
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 dues exercise of their powers u/s 75 and O.26 of CPC, 1908,
be pleased to appoint Court Commissioner, to hold a scientific, technical, or
expert investigation; or to perform any other ministerial act.
g)
Interim/ad-interim
reliefs in terms of prayer clauses _____ as aforesaid.
h)
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.
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 some wrong acts have been committed by Defendants against the
deceased person during the deceased lifetime:
2.
The
fact that such wrong acts has had occasioned pecuniary loss to the deceased
estate:
3.
The
fact that for the aforesaid wrong acts, the deceased might have initiated legal
action against the Defendants:
4.
The
fact that Plaintiffs are the executors, administrators or representatives of
the said deceased:
[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.
If an interim Relief is asked for the appointment of Court
Commissioner, to hold a
scientific, technical, or expert investigation; or to conduct sale of property,
etc. then facts showing that such investigation, etc. is just and necessary for
the complete disposal of the Suit.
Jurisdiction:
Limitation:
Valuation:
Power of Attorney:
Facts constituting the cause of action:
Verification:
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