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The Code of Civil Procedure, 1908: page 254
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 254, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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Payment into Court.—The defendant as to the whole claim (or as to Rs..........part of the money claimed,
or as the case may be) has paid into Court Rs................................and says that this sum is enough to
satisfy the plaintiff's claim (or the part aforesaid).
Performance remitted.—The performance of the promise alleged was remitted on the date).
Rescission.—The contract was rescinded by agreement between the plaintiff and defendant.
Res judicata.—The plaintiff's claim is barred by the decree in suit (give the reference).
Estoppel.—The plaintiff is estopped from denying the truth of (insert statement as to which estoppel
is claimed) because (here state the facts relied on as creating the estoppel).
Ground of defence subsequent to institution of suit.—Since the institution of the suit, that is to
say, on the......................day of..................................set out facts).
No. 1
DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED
1. The defendant did not order the goods.
2. The goods were not delivered to the defendant.
3. The price was not Rs.
[or] e
4. od 1.
5. Except as to Rs. , same as 2.
6.
aC
3.
di
7. the defendant [or A. B., the defendant’s agent] satisfied the claim by payment before suit to
the plaintiff [or to C.D., the plaintiff’s agent] on the………………day of…………..20,
In
8. The defendant satisfied the claim by payment after suit to the plaintiff on the………. day
of…….. 20………
No. 2
DEFENCE IN SUITS ON BONDS
1. The bond is not the defendant’s bond.
2. The defendant made payment to the plaintiff on the day according to the condition of the bond.
3. The defendant made payment to the plaintiff after the day named and before suit of the
principal and interest mentioned in the bond.
No. 3
DEFENCE IN SUITS ON GUARANTEES
1. The principal satisfied the claim by payment before suit.
2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of
a binding agreement.
No. 4
DEFENCE IN ANY SUITS FOR DEBT
1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by
the defendant to the plaintiff.
Particulars are as follows: Rs.
1907, January 25th. . . . . . . . . . . . . . . . . . . 150
,, February 1st . . . . . . . . . . . . . . . . . . . . . . . .. 50
Total 200
254
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