IN THE COURT OF SENIOR SUB-JUDGE________________-----
Civil Suit No.: ___________
(Under Order XXXVII of the Code of Civil Procedure 1908)
Date of Institution : ______
__________________Plaintiff
Versus
__________________Defendants
Suit for the recovery of Rs. _____ along with cost and interest @ __________pa
Plaint under Order XXXVII of the Code of Civil Procedure 1908 as mentioned in the suit
Respectfully :
1. That the present suit is being filed under the specific provisions under Order XXXVII of the Code of Civil Procedure, 1908.
2. That no relief, which does not fall within the ambit of this rule, has been claimed in the plaint.
3. That the plaintiff is a _____. The defendant purchased _______cement and sand etc. from the plaintiff.
4. That the defendant issued the Cheque bearing No. _______ dated _______ for the sum of Rs. _______ drawn at bank _______, to the plaintiff towards the consideration of the above articles purchased from the plaintiff.
5. That the plaintiff presented the cheque through his own bankers, ie; _______, but the same was returned unpaid, on _______ with the endorsement of insufficiency of funds in the account of the defendant as per the remarks of the banker of the defendant.
6. Those other necessary particulars are as under for the convenience of this Hon'ble Court:-
(a) Date of cheque : ________
[b] Date of presentation : ________
of Cheque before the Bank
(within 6 months from _______)
[c] Date of dishonour of Cheque : _______
[d] Date of receipt of Memo of : _______
of dishonour of cheque
[e] Date of sending of Notice : _______
(within 30 days from _______)
[f] Date of service of Notice: _______
[g] Date when cause of action: _______
arose (15 days after service
on _______)
1. That the defendant has apparently issued the cheque without caring to ensure adequate funds and knowing fully well with the ulterior motive to cheat the plaintiff.
2. The memo to that effect was duly communicated to the plaintiff by its banker on _______.
3. That the said cheque drawn by the defendant on an account maintained by him with the above banker for payment of the amount of money to the plaintiff from out of that account was issued for the discharge of the above-said debt/liability.
4. That the said cheque has been returned by the bank unpaid, because of the amount of money standing to the credit of the account of the defendant is insufficient to honour the cheque or that it exceeds amount arranged to be paid from that account by an agreement made with that bank.
5. That the cheque has been presented to the bank within a period of six months from the date on which it is drawn ie; on _______.
6. That the plaintiff in due course of the cheque has made a demand for the payment of the said amount of money by giving a notice in writing to the defendant within the statutory period of thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid. The said notice was sent to the correct address of the defendant through a Registered/AD letter as well as through UPC on _______ and the said registered letter has been received back with the endorsement "Unclaimed", as is evident from the endorsement of post office seal on it which legally is presumed to have been served as otherwise also the UPC has not been received back and the same has been duly delivered to the defendant.
7. That the defendant has failed to make the payment of the amount of money to the plaintiff in due course of the cheque within fifteen days of the receipt of the said notice.
8. That it is pertinent to mention here that the debt/liability, for which the cheque was issued by the defendant to the plaintiff is a legally enforceable debt/liability.
9. That the cause of action accrued to the plaintiff on _______, when the cheque was dishonoured and thereafter on _______ when the legal notice was sent to the defendant through Registered letter and UPC.
10. That the plaintiff is permanently residing within the jurisdiction of this Hon'ble court and all the correspondence from the defendants were received at his home address and the office/residence of the defendant is located in the territory of this Hon'ble Court, hence this Hon'ble Court has each and every jurisdiction to try and entertain this suit.
11. That the value of the suit for the purposes of jurisdiction has been fixed for Rs. _______/- and for the purposes of recovery and correct and authorised court fee stamp of Rs. __ has been affixed on the plaint.
12. It is, therefore, most respectfully prayed that a decree for recovery to the effect that plaintiff is entitled to recover a sum of Rs. _______/- along with interest @ 24% wef _______ till the date of realisation of amount along with cost of this suit, be passed in favour of plaintiff and against the defendants. Such other reliefs as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the plaintiff and against the defendants in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE PLAINTIFF AS IN DUTY BOUND SHALL EVER PRAY.
(Name of Place) Plaintiff
______ Through, Advocate
Verification:
I,________, do hereby verify that the contents of the above plaint from paras 1 to _____ are true and correct to the best of my knowledge and belief, and no part of it is false and nothing material has been concealed therein.
Verified at (Name of Place) ________.
Plaintiff
IN THE COURT OF SENIOR SUB-JUDGE __________________
Civil Suit No.:_______________
(Under Order XXXVII of the Code of Civil Procedure 1908)
__________________Plaintiff
Versus
__________________Defendants
Affidavit in support of Plaint under Order XXXVII of the Code of Civil Procedure 1908
I,______, do hereby solemnly affirm and declare as under:-
1. That the accompanying plaint has been drafted under my instructions.
2. That the contents of paras 1 to ______ of the accompanying plaint are correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therein.
3. That I further solemnly affirm and declare that the contents of this affidavit of mine are correct and true and no part of it is false and nothing material has been concealed therefrom.
Affirmed here at (Name of Place) _________
In the Court of : Senior Sub Judge_____________
_____________________Versus______________________
Suit : for Recovery
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Name & Parentage |
Address |
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In the above-noted suit every summons, notice & other order may be served on me on the address given above during the pendency of the suit. Change of Address will be intimated to the Court.
Dated :_______ Sd:-
Plaintiff Petitioner
Defendant Respdt.
Through, Advocate
Process Fee
In The Court of : Senior Sub Judge _____________
______ Versus ______
Claim : for Recovery
Date of Hearing :______
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Date |
By Whom Filed |
Purpose |
Amount |
Stamp |
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Plaintiff
For service of defendants
Advocate
________________
Received on ______ Court-fee stamp of the value of Rs. _____0.75 with ______ copy in case No. _____ of 20___ in Re.______ Vs ______
Signature of the Head Notice Writer
Under Order 7 Rule 13 (1) CPC
List of Documents Filed By Plaintiff
In the Court of : Senior Sub Judge _______________________
______ Versus ______
Suit for : for Recovery
Date of Hearing: ________
Date of Production : ________
S. No Details, Date What is If Documents, If Rejected
Documents Intended Filed What is Then the to be the Exh Marked Date of Proved From on it Return of Document Documents
1. Original Dishonoured Cheque bearing No. _______ dated _______ to be drawn on _____ for a sum of Rs. _________
2. Original Memo of Bank at ___________
3. Copy of Notice issued to the defendant dated __________
4. Original Receipts of Registry & AD.
5. Original Receipts of UPC.
6. ________ Original unclaimed Registered Letter.
________________
Date: ______
Counsel for Plaintiff/Defendant
List of Documents Relied Upon
Under Order 7 Rule 14 CPC Filed by Plaintiff
In the Court of : Senior Sub Judge ___________________
______ Versus ______
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Suit: for Recovery |
Date of hearing |
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1. Have you produced any documents with the plaint so, what are those document |
Yes Sir, as per the list. |
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2. Do you wish to produce any more documents which are in your possession and custody if so, what are those documents. |
Yes sir, if required |
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3. Do wish to relay upon any other documents, if so in whose possession they are and what are those documents. |
Yes sir, later on from the custody of defendants. |
Counsel for
Dated : ______
No. 4
SUMMONS IN A SUMMARY SUIT
(O. 37, R. 2)
______ Versus ______
To:
______
WHEREAS _______, has instituted a suit against you under Order 37 of the Code of Civil Procedure, 1908, for Rs. _______ and interest, you are hereby summoned to cause an appearance to be entered for you, within TEN days from the service hereof, in default whereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs. ___________ and the sum of Rs. ___________ for costs, together with such interest, if any, as the Court may order.
If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defense to the suit on the merits or that it is reasonable that you should be allowed to defend.
GIVEN under may hand and the sea] of the Court, this _____________.
Senior Sub Judge/Sub Judge (Name of Place)
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT
(O. 37, R. 3)
______ Versus ______
In the Court of ________Senior Sub-Judge/Sub-Judge at (Name of Place), Suit No._______ ____________________Plaintiff
Versus
_____________________Defendant
Upon reading the affidavit of the plaintiff the Court makes the following order, namely. -
Let all parties concerned attend the Court or Judge, as the case may be, on the day ___________ at ______ in the Morning on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs. ________________ and for interest and costs.
Dated the day of _________
