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The Code of Civil Procedure, 1908: page 245
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 245, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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[Or thus:—2. On that day the defendants by their servants so negligently and unskillfully drove and
managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which
the plaintiff was then lawfully crossing that the said engine and train were driven and struck against the
plaintiff, whereby, etc., as in para. 3].
No. 30
INJURIES CAUSED IN NEGLIGENT DRIVING
(Title)
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is a shoemaker, carrying on business at …………The defendant is a merchant
of ……………………
2. On the …………. day of …………………20………, the plaintiff was walking southward along
Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross
Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this
street, and just before he could reach the foot pavement on the further side thereof, a carriage of the
defendant’s, drawn by two horses under the charge and control of the defendant’s servants, was
negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton
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Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was
much trampled by the horses. od
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3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and
injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four
di
months ill and in suffering, and unable to attend to his business, and incurred heavy medical and other
expenses, and sustained great loss of business and profits.
In
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
No. 31
FOR MALICIOUS PROSECUTION
(Title)
A. B., the above-named plaintiff, states as follows:—
1. On the ………….. day of ………………..…20.....……, the defendant obtained a warrant of arrest
from …….…… [a Magistrate of the said city, or as the case may be] on a charge of …….…, and the
plaintiff was arrested thereon, and imprisoned for ……………. [days, or hours, and gave bail in the sum
of …………… rupees to obtain his release].
2. In so doing the defendant acted maliciously and without reasonable or probable cause.
3. On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the
defendant and acquitted the plaintiff.
4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the
plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the
plaintiff lost his situation as clerk to one E.F.; or in consequence the plaintiff suffered pain of body and
mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in
obtaining his release from the said imprisonment and in defending himself against the said complaint.
[As in paras. 4 and 5 of Form No. 1, and relief claimed].
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