Draft a Plaint in a Suit for Damages for Malicious Prosecution

In the Court of the Munsif of Allahabad.

Suit No. of 1951 A Plaintiff.

B …………………… Defendant

The plaintiff above-named begs to state as follows:—

1. That on the 13th of May, 1950, the defendant filed a complaint before the City Magistrate of Allahabad charging the plaintiff with having burgled the defendant’s house.

2. That a warrant was, in consequence of the complaint, issued for the arrest of the plaintiff, who was arrested and kept in the lock-up for a period or fifteen days.

3. That after a protracted trial on the said charge the plaintiff was acquitted on the 5th of May, 1951, on the finding that the complaint was false.

4. That the defendant had made the complaint against the plaintiff maliciously and without a reasonable or probable cause.

5. That by reason of the said prosecution, the plaintiff has suffered much physical and mental pain, has been lowered in the estimation of his friends, was prevented from attending to his business and incurred expenses in defending himself from the said charge.

Particulars of special damage:

Fee paid to Sri W.Y., Pleader for defence Rs. 300

Fee paid to his clerk Rs. 30

Expenses incurred in summoning three defence witnesses on two dates Rs. 50

Loss of business as a shop-keeper dealing in clothes Rs. 200

Total Rs. 580

6. That the cause of action for the suit arose on the 5th of May, 1951, viz., the date of acquittal.

7. That the plaintiff was prosecuted in Allahabad and the defendant resides within the jurisdiction of the court.

8. That the valuation of the suit for purposes of court-fee and jurisdiction is Rs. 1,5,80.

Relief:

The plaintiff claims:

1. Rs. 1,000 as general damages for mental and bodily pain and loss of reputation.

2. Rs. 580 as special damage.

3. Interest pendent lite and future.

Verification:

I, A, declare that the contents of paragraphs 1 to 5 of the above plaint are true to my personal knowledge and the contents of paragraphs 6 to 8 are believed by me on information received to be correct.

Sd. A.

Pleader.