Draft -: Suit of Recovery with Plaint and Written Statement

Fact:

P borrowed Rs.25000 from Q against promote.

He acknowledges the debt within 2 years.

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:-

  1. 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.
  2. 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.
  3. That inspite of demands and registred notice, the defendant has failed to repay the principle amount with interest thereon.
  4. That Rs. 25,000/- as principle and Rs_________ as interest have become due against the defendant.
  5. That on the basis of the acknowledge dated ________, since cause of action accrued on this date, the suit is within limitation.
  6. 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.
  7. That on the valuation the suit Rs_______, the requisite court-fees of Rs_________ is submitted.
  8. 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

  1. 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.
  2. That Para No.2 of the plaint is denied. The defendant also denies the fact of written acknowledgement.
  3. That Para No.3 of the plaint is denied.
  4. That Para No.4 of the plaint is denied.
  5. 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

 

 

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