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Report No. 111

9.3. Particulars to be given.-

When section 3 provides that the plaint must give particulars of the nature of the claim, the section, of course, contemplates that the loss must be set out with reasonable detail because, after all, the claim is for damage for the loss.1 It would be better if the section expressly so provides, and we propose accordingly.2

Opportunity may also be taken of improving the language, which is, at present, archaic.

1. See (a) Goolbai v. Restanju, AIR 1933 Born 333 (335).

(b) Esther v. Maurice, AIR 1934 Cal 655 (658).

2. See Appendix 1, clause 11(1).

The Fatal Accidents Act, 1855 Back

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