Fact:–
P borrowed Rs.25000 from Q against promote.
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He acknowledges the debt within 2 years.
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He refused to pay his debt. Q wants to sue P.
In the Hon’ble Court of Civil Judge ( or where such Court has been established)…………… (Surat)
Civil Origin Case No. ________/2024
Shri. ‘Q’ son of ‘X’
Age: ……………….
Caste ……………
Residence of Surat Plaintiff
Versus
Shri ‘P’ son of ‘Z’
Age: ……………….
Caste ……………
Residence of Surat Defendant
Suit for Recovery of Rs______
The Plaintiff prays as under:-
- That on __________(date) the defendant borrowed Rs.25000 in cash from the plaintiff, with interest @ Rs. 15% per annum, for utilizing this amount for the business-purpose, and as a collateral security, the defendant executed a promote and receipe in favour of the plaintiff, which are enclosed herewith the plaint.
- That on _________(date) , the defendant, while acknowledging his debt, executed and signed the acknowledgement, and also promised to pay the principle amount together with principle amount of the intrest.
- That inspite of demands and registred notice, the defendant has failed to repay the principle amount with interest thereon.
- That Rs. 25,000/- as principle and Rs_________ as interest have become due against the defendant.
- That on the basis of the acknowledge dated ________, since cause of action accrued on this date, the suit is within limitation.
- That since parties belong to the Surat and the pronote, receipt and the acknowledgement were executed and signed at Surat, this Court has jurisdiction to entertain suit.
- That on the valuation the suit Rs_______, the requisite court-fees of Rs_________ is submitted.
- It is therefore, prayed that a decree for Rs. ______ be passed in favour of the plaintiff and againt defendant; the plaintiff be awarded interest on the sum of Rs_______ together with the interest @Rs__________% per annum, from date of the suit till realization; and costs of the suit be also ordered to paid from the defendant to the plaintiff.
Sd/-____________ Sd/-_________
Advocate for the plaintiff Plaintiff
Verification
I, plaintiff (Name)_______ son ‘___’, aged ______ years, by caste ______ , residence of _________, hereby verify that paras No 1 to 4 of the petition are correct and true on the basis of my personal knowledge and belief, and paras No 5 to 7, based on legal advice, are also correct, and prayer’s Para No. 8 is also correct and true
Place: Surat Sd/- _________
Date:_________ Plaintiff
In the Hon’ble Court of Civil Judge ( or where such Court has been established)…………… (Surat)
Civil Origin Case No. ________/2024
Shri. ‘Q’ son of ‘X’
Age: ……………….
Caste ……………
Residence of Surat Plaintiff
Versus
Shri ‘P’ son of ‘Z’
Age: ……………….
Caste ……………
Residence of Surat Defendant
Written Statement of Suit for Recovery of Rs______
The defendant’s written statement is as under
- That Para No.1 of the plaint is denied. The defendant neither borrowed Rs.25,000 or any amount from the plaintiff nor did he executed the promote and the receipt.
- That Para No.2 of the plaint is denied. The defendant also denies the fact of written acknowledgement.
- That Para No.3 of the plaint is denied.
- That Para No.4 of the plaint is denied.
- The plaint’s Para No. 5 to 8 , being legal, no need to replay It is therefore, prayed that the suit of the plaintiff be dismissed with costs.
Sd/-____________ Sd/-_________
Advocate for the defendant Defendant
Verification
I, the aforesaid defendant (Name)_______ son ‘___’, aged ______ years, by caste ______ , residence of _________, hereby verify that paras No 1 to 4 of the petition are correct and true on the basis of my personal knowledge and belief, and paras No 5 to 7, based on legal advice, are also correct.
Place: Surat Sd/- _________
Date:_________ Defendate