BEFORE THE SENIOR CIVIL JUDGE OR DISTRICT JUDGE AT…………………………..
CIVIL SUIT NO.................. OF 20......
Mr.
….PLAINTIFF
VERSUS
Mr.
…..DEFENDANT
Plaint filed by the Plaintiff O.VII R.1 to 6 C.P.C.
Plaintiff:- ABC, S/o .............. , aged about ........ years, house wife, resident of.............
Address for service of Plaintiff
Defendant: XYZ, S/o....... , aged about ............... years, resident of.....................
Address for service is same as above.
1. That the plaintiff is a business man residing at ……………………………….
2. That the Plaintiff is the absolute owner and in possession of Flat No………….. at …………
3. That the Defendant is the owner and in possession of Flat No. ……………... at …………. adjoining Plot No. ……………………
4. That on ……………………. the Defendant has erected upon his aforesaid plot a cloth washing and colouring unit, which is illegal as per the notification passed by the Municipal Council and and per Environment law. In the said colouring unit the Defendant is engaged in washing clothes using machines, colouring it with the help of machines and use huge quantity of water in the residential area. As a result huge quantity of waste water is being flowing through the front side of the house of Plaintiff.
5. The Defendant is using the Flat for commercial purpose without seeking permission from any authority.
6. That the Plaintiff has sent several complaints to the public authorities to stop this nuisance and illegal activity, but in vain. Copies of Complaints are annexed herewith as Annexure P1.
7. That on account of the use of Flat by the Defendant for commercial purpose, Plaintiff has been unable to peacefully reside in the house.
8. That cause of action has arose on ………………. and continues to exist even at present with use of the Flat for the aforesaid unlawful purpose.
9. That the Valuation of the Suit for the purpose of Court fee and Jurisdiction is Rs…………….. and Court fee of Rs……………….. and Court fee of Rs………………. has been affixed.
10. That the suit property is situated within the Jurisdiction of this Hon'ble Court. Having regard to the cause of action, narrated above, this Hon'ble Court has the Jurisdiction to entertain any try this Suit.
11. The Plaintiff accordingly claims that the Defendant be restrained by way of decree of injunction from using the suit Flat as a Commercial Property thereby committing or permitting, any further nuisance.
12. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
PRAYER
That the Plaintiff, therefore, pray that this Hon'ble Court may pass
(a) A decree restraining the Defendant Permanently from operating his Cloth Washing and Coloring unit from Flat No…………. ;
(b) Any other relief, which the Hon'ble court deems fit, may please be granted to the plaintiff in the interest of justice.
PLAINTIFF
THROUGH
Advocate
Place: …………….
Date: ……………...
VERIFICATION
I, ………………………... the above named Plaintiff states on solemn affirmation that contents of Para 1 to ………….. of the Plaint are true and correct to the best of my knowledge and belief and those of legal averments are true and correct on the basis of legal advice received and believed to be true by me.
Verified at …… on this …………………. day of ………... 20………..
PLAINTIFF