[SUMMARY SUIT] FORMAT OF SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC
What is Summary suit?
Summary suit or summary procedure is given under order XXXVII of the Code of Civil Procedure, 1908. Its object is to summarize the procedure of suits and to prevent the unreasonable obstruction if the defendant is not having any defense.
Summary suits can be instituted in case of certain specified documents bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee – in respect of a debt or liquidated demand.
[SUMMARY SUIT] FORMAT OF SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC:
IN THE COURT OF SENIOR CIVIL JUDGE DELHI, DELHI
CIVIL SUIT NO 109 / 2020
(SUIT FOR RECOVERY UNDER ORDER XXXVII OF CPC)
IN THE MATTER OF: –
Mr. Mohan Singh
S/O SH. BALWANT SINGH R/O 73/110, PREM NAGAR NEAR TILAK Apt., Delhi-110058………………………………………………………………………. PLAINTIFF
V E R S U S
Mr. Amit Pal
S/O SH. BALRAM PAL, R/O S-1/96-A, SECOND FLOOR, OLD MAHAVIR Apt., Delhi-297306……………………………………………………………….DEFENDANT
SUIT FOR RECOVERY OF RS. 50,000/- (RUPEES FIFTY THOUSAND ONLY) UNDER THE PROVISIONS OF ORDER XXXVII OF THE CODE OF CIVIL PROCEDURE
MOST RESPECTFULLY SHOWETH:-
- That the plaintiff is a law abiding citizen of India.
- It is submitted that the Defendant having an acquaintance with the plaintiff approached him and requested to advance a hand loan of Rs.50,000/- (Rupees fifty thousand Rupees only) to meet his sister’s marriage expenses. The Defendant also proposed to execute a Promissory Note for the said amount and with simple interest @ 15% p.a. Due to that acquaintance, the Plaintiff agreed for the same and thus, the defendant has borrowed a sum of Rs.50,000/- as hand loan on 1st January, 2019 from the Plaintiff at the Plaintiff’s home situated at Delhi and executed a Promissory Note for the said amount in favour of the Plaintiff and promised to repay the said hand loan within a period of 1 year from the date of execution of the promissory note. It is respectfully submitted that in spite of repeated oral demands made by the Plaintiff, the Defendant did not bother to repay the said hand Loan amount.
- The Plaintiff having vexed with the conduct of the Defendant avoiding the repayment, got issued a legal notice to the Defendant on 1st July, 2020 through his Counsel by way of Regd Post with Ack. Due as well as UCP, to his Residence. The Defendant received the same but did not reply.
- The Plaintiff submits that the Defendant having borrowed the amount of Rs.50,000/- (Rupees Fifty Thousand only) as hand loan and having executed the promissory note is bound to repay the same to the Plaintiff who is entitled for interest on the suit amount from the date of demand i.e. 1st January, 2020 till realization @ 20% p.a. As the Defendant is avoiding payment, the Plaintiff has left with no option except to approach this Hon’ble Court by way of this suit. In view of the above said facts, the Plaintiff is entitled to sue the defendant.
- The Plaintiff submits that The Defendant is liable to pay the following outstanding amount: (i) Promissory Note Amount: 50,000.00 (ii) Interest on 50,000 @ 20% p.a. From 01.01.2020 as on date filing of the suit. Therefore, the Defendant has to pay a total sum of Rs.81,000 /- (Rupees EightY One Thousands Only) to the Plaintiff as on the date of filing of the present suit. Hence, this suit.
- That the plaintiff has not claimed any relief in the plaint against the defendant that does not fall within the ambit of Order XXXVII of CPC.
- The cause of action for the suit arose on 01.01.2019 when the Defendant borrowed the amount and executed pro-note and on 01.07.2020 when the Plaintiff got issued a legal notice to Defendant calling upon the defendant to repay the amount and still subsists.
- The Plaintiff is residing at Delhi and the Defendant borrowed the said loan amount from the Plaintiff at the residence of the Plaintiff and hence this Hon’ble Court is having territorial & pecuniary Jurisdictions to entertain the present suit.
- The Defendant borrowed the said hand loan amount on 01.01.2019 and the legal notice issued to the Defendant on 01.07.2020 and therefore the present suit is within the limitation.
- The Plaintiff has not filed any suit against the Defendant and no suit is pending between the parties in respect of the relief being claimed in this suit.
- That the value of the suit for the purpose of Court Fees and jurisdiction is fixed at Rs. 2650/-, on which the appropriate Court Fees has been affixed and the present suit is filed Under Order XXXVII of CPC.
It is therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
A. Pass the decree/order for recovery of Rs. 50,000/- along with pendent elite and future interest @ 18% per month from the date of filling of present suit till its realization with cost in favour of the plaintiff and against the defendant.
B. Pass any other decree/order or such other decrees, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in favour of the plaintiff and against the defendant.
Format of Suit For Recovery Under Order XXXVII of CPC