Format of Suit For Damages

Suit for damages is a suit, in which plaintiff demands damages from defendant in term of money as a compensation for the wrong committed by him. It is the discretionary remedy acknowledged in the principles of equity. The suit for damages can be filed where any person starts malicious prosecution, registered false criminal case, commits defamation, breach terms of contract, or inflict civil injury. But before initiating civil suit is is advisable to send legal notice for damages(Click Here: If You Need Format of Legal Notice For Damages). Here the format of suit for damages is provided use this damages suit draft and file a case against the wrongdoer.

Types of Damages

There are many types of damages which are acknowledged in law of tort and law of contract. But below the types which are used more by the parties and courts while awarding compensation.

1. Liquidated
2. Punitive
3. Consequential
4. Compensatory
5. Special
6. Nominal
7. Unliquidated
8. Exemplary

What do I need to prove?

It is not enough to go into Court and simply demand money in suit for damages. If you are the plaintiff (the person who started the case), then the law says that you have the “burden of proof.” This means two things:

• First, it is your responsibility to prove to the court that your version of what happened is true. You must collect and submit to the court evidence that your version of the events is true.
• Second, there are different levels of “proof.” Your case must also meet certain legal requirements.

Format of Suit For Damages

This sample format of suit for defamation is used to file civil case Which is as under. You can use this draft of suit for damages after making necessary changes.

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD.

In the matter of:-

IH son of MH resident of _____________________ Rawalpindi.

…Plaintiff

Versus

M Bank Limited through its Manager, ____________ Rawalpindi.

…Defendant

SUIT FOR DAMAGES OF RUPEES 2,00,000,00/-.

Respectfully Sheweth,

1. That the plaintiff is running a business of Travel Agency with the name and style of ______ at office No. _______ Rawalpindi since last more-than 5 years and he is enjoying very good reputation in the business community as well as in the vicinity.
2. That the plaintiff appointed one AA for the office job and trusted him with the core of heart and the matters relating to the office and client dealing were delivered to the said AA who later on deceitfully misappropriated the amount from the office of the plaintiff and after his admittance regarding the misappropriation of the amount, he and his brother namely MS along with his father namely KMS executed an agreement dated ____ and later on issued two cheques bearing Nos. _____ amounting to Rs._______, dated ______ and _______amounting to Rs. _____ dated ______.
3. That after the execution of the above said agreement and cheques in favor of the plaintiff, the said AA with the connivance of his father namely KMS and his brother namely MS by impleading as plaintiff No. 2 filed a suit for declaration, cancellation of documents, rendition of accounts and for permanent injunction against plaintiff. The Learned Court ordered restraining the defendant AM Bank to release payment.
4. That it is important to mention here that since the due date of both the cheques was near, the plaintiff approached / visited the defendant many times for their encashment but every time the defendant misbehaved with the plaintiff.
5. That when the plaintiff presented both cheques before the defendant finally on _______ respectively, the defendant dishonored/ returned the same with the remarks that;

“Payment stopped as per instructions of Honorable District Courts:”

6. That in fact there is no order regarding the stoppage of the cheques was passed by the Learned Dist Court and the defendant at his own dishonored the same while writing the remarks mentioned above, which are altogether different as the order passed by the Honorable Court. The plaintiff has not used the said cheques illegally and unlawfully while he used the same within the four corners of law.
7. That the plaintiff tried to explain the actual and factual position of the order passed by the Honorable Court that the defendant shall not use the cheques illegally and there is no order passed by the Honorable Court with regard to the stop payment but the defendant deliberately, willfully, intentionally, in league with the KMS and his sons namely MS & AA just to deprive the plaintiff from his amount wrote the remarks mentioned above regarding the above said cheques.
8. That due to acts, deeds and behavior on the part of the defendant, the reputation of the plaintiff has been damaged in such that there could not be repaired. The credibility built by the plaintiff during span of time was shattered due to behavior of the defendant.
9. That the behavior and acts by the defendant was having a tendency injure the reputation of the plaintiff i.e. to lower him in the estimation of others like business community and also injured his profession.
10. That the plaintiff claim general and special damages on account of mental torture, agony, financial loss and injury inflicted to his reputation, honor as well the detail of the same are mentioned as under:

1. General Damages
   1. Injury/ loss to reputation as a person   =   100,000,00/-
   2. Mental torture and physical agony       =   Rs. 99,500,00/-

2. Legal Assistance
   1. Legal assistance & General                   = Rs.    50,000/-

GRAND TOTAL                                                       =   2,00,000,00/-

11. That the plaintiff contacted the defendant and sent him a legal notice and demanded above-referred amount as damages by the defendant against the plaintiff but the defendant flatly refused to accede to the legitimate and legal demand of the plaintiff, hence this suit.
12. That the cause of action finally accrued few days ago when the defendant refused to pay the above said amount as damages and is still continuing.
13. That the parties are residents of Rawalpindi, hence this Honorable Court has the jurisdiction to entertain the matter in hand.
14. That the value of the suit for the purposes of court fee and jurisdiction is fixed as Rs. 2 Cror and the requisite court fee has been affixed on the plaint.

PRAYER

In view of above, it is most humbly prayed that the suit for damages of the plaintiff for recovery of Rs. 2 Crore as, may kindly be decreed in favor of the plaintiff and against the defendants with costs.

Any other relief, which this Honorable Court deems fit and proper may also be granted to the plaintiff.

Plaintiff

Through

Counsel(s)

Advocate High Court,

Rawalpindi.

Certificate:-

Certified that the contents of the para No. 1 to 13 are true and correct and the remaining paras are also correct and true as per information received.

Plaintiff

Note:-

No suit, appeal, revision etc is pending between the parties of same nature in any competent court of law and this is the first suit for damages is being filed by this Honorable Court as per information received from my client

Counsel

IN THE COURT OF SENIOR CIVIL JUDGE, ISLAMABAD.

In the matter of:-

IH                    …Plaintiff

Versus

M Bank Limited through its Manager, _____ Rawalpindi.

…Defendant

SUIT FOR DAMAGES OF RUPEES 2,00,000,00/-

AFFIDAVIT

That I, IH son of MH resident of ______________ Rawalpindi. do hereby solemnly affirm and declare as under:-

That the contents of the above suit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Verified that the contents of the affidavit are true and correct to the best of my knowledge and belief.

Deponent