Money Overpaid: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
1. On the ........... day of .........19...., the plaintiff agreed to buy and the defendant agreed to sell..... bars of silver at...... annas per tola of fine silver.
2. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant for such assay, and E.F., declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant...... rupees.
3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment.
4. The defendant has not repaid the sum so overpaid.
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team handles drafting, filing and arguments in Kolkata courts.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.