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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
SUIT AGAINST DEL CREDRE AGENT FOR PRICE OF GOODS
IN THE COURT OF THE....................
Suit No..................... of 19....................
C. D.................................................................... Plaintiff
versus
C. F................................................................. Defendant
The abovenamed plaintiff most respectfully submits as under: ?
1. That the plaintiff appointed the defendant as his travelling agent to sell his books throughout the States of....................
2. That it was agreed per terms of the agreement in writing that the plaintiff would pay.................... % commission on all sales made on orders obtained by the defendant from the customers.
3. That on the orders sent through the defendant, the plaintiff sent books to the proposed buyers per registered book-posts on.................... days credit to pay for the same.
4. That 3 months have lapsed since the books were delivered to the buyers, but they have not yet paid the price of the books sent to them.
5. That the total price of the books sent to various such customers amount to Rs..................... and as such the suit is valued at Rs..................... and court fee is paid thereon.
6. That the cause of action arose within the jurisdiction of this Court on .................... when the proposed customers refused to pay anything to the plaintiff.
RELIEFS CLAIMED:
The reliefs claimed by way of this suit are:
That the suit be decreed ordering the defendant to pay Rs..................... with interest @.................... % per annum from the date of notice of demand, either jointly with the customers concerned or separately.
Plaintiff
Through
Advocate
VERIFICATION
I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true.
Verified on this................. day of.................... 19.................... at....................
Plaintiff
Guideline for Drafting Suit Against Del Credere Agent for Price of Goods:
This legal document is essential when a party seeks to initiate a lawsuit against a del credere agent for the price of goods. A del credere agent guarantees payment to the principal even if the buyer defaults. Here's a concise guide for drafting this suit:
Title and Identification: Clearly title the document as "Suit Against Del Credere Agent for Price of Goods." Include names of the plaintiff, defendant, and case details.
Introduction and Background: Begin with an introduction, stating the relationship between the plaintiff, the del credere agent, and the underlying transaction. Provide a concise background of the dispute.
Statement of Claim: Clearly articulate the claim for the price of goods, specifying the agreed-upon terms and conditions, and emphasizing the del credere agent's obligation to guarantee payment.
Evidence and Documentation: Annex relevant documents, such as the del credere agreement, invoices, and any communication evidencing the transaction and the del credere agent's guarantee.
Prayer for Relief: Clearly state the relief sought, including the amount claimed, interest, and any additional damages or costs incurred.
Common Mistakes to Avoid:
Incomplete Documentation: Ensure all relevant documents supporting the claim are included to avoid challenges to the validity of the suit.
Ambiguous Claim: Clearly articulate the claim for the price of goods, avoiding vague or unclear language that may lead to misinterpretation.
Failure to Specify Terms: Clearly outline the terms and conditions of the del credere agreement, specifying the del credere agent's obligations and responsibilities.
Neglecting Legal Formalities: Adhere to procedural requirements, including proper service of the suit and compliance with applicable laws, to prevent procedural challenges.
Ignoring Jurisdictional Issues: Ensure the suit is filed in the appropriate jurisdiction and complies with any applicable laws governing del credere agreements.
By following these guidelines and avoiding common mistakes, a well-drafted Suit Against Del Credere Agent for Price of Goods establishes a strong legal basis for seeking the payment owed under the del credere agreement. This type of suit is commonly used in commercial transactions where del credere agents guarantee payment for the goods sold.