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
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