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The Code of Civil Procedure, 1908: page 243

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 243, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                    No. 23
                            POLLUTING THE WATER UNDER THE PLAINTIFF’S LAND
                                                          (Title)
A. B., the above-named plaintiff, states as follows:—
     1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands
called..........and situate in...........and of a well therein, and of water in the well, and was entitled to the
use and benefit of the well and of the water therein, and to have certain springs and streams of water
which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.
     2. On the........... day of ............20.........., the defendant wrongfully fouled and polluted the
well and the water therein and the springs and streams of water which flowed into the well.
     3. In consequence the water in the well became impure and unfit for domestic and other necessary
purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.
                           [As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
                                                          No. 24
                                     CARRYING ON A NOXIOUS MANUFACTURE
                                                          (Title)
A. B., the above-named plaintiff, states as follows:—
                                                                       e
     1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands
called..........situate in...................                    od
     2. Ever since the.................. day of....................20....., the defendant has wrongfully caused to
                                                          aC
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
                                                     di
the said lands, and corrupted the air, and settled on the surface of the lands.
                                                In
     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 live-stocks 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 a use and occupation of the lands as he otherwise
would have had.
                           [As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
                                                          No. 25
                                              OBSTRUCTING A RIGHT OF WAY
                                                          (Title)
A. B., the above-named plaintiff, states as follows:—
     1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the
village of ................].
     2. He was entitled to a right of way from the [house] over a certain field to a public highway and
back again from the highway over the field to the house, for himself and his servants [with vehicles,
or on foot] at all times of the year.
    3. On the................day of.......................20.........., defendant wrongfully obstructed the said way,
so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and
has ever since wrongfully obstructed the same].
    4. (State special damage, if any).
                           [As in paras. 4 and 5 of Form No. 1, and Relief claimed.]




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