Suit under order 37 CPC

If any contract, or promissory note is obtained from borrower, than on the basis of documents, summery suit can be filed.  Stamp  duty upon a dcoument depend and varies with the state.  You can find out from local law of state the stamp duty upon deed of guarantee.  Yes agreed interest can be charged.   Adv. khan Mumbai

Sir, I enquired that in Rajasthan there should be at least 100/- stamp paper. Now my question is how to rectify it, before presenting the suit or even after presenting the suit whether it can be cured when other opposite party raises any objection

Madhu in Rajasthan no need the stamp to be of 100 Rs. You can file case under order 37.

I m also from rajasthan.

You can call me at +919414400250

what is the proper forum to file a suit in o. 37? can it be file as small cause case in j.s.c.c court or file a regular suit in civil judge court.

The suit has to be filed in the civil court having territorial and pecuniary jurisdiction. Further Guarantee is only an agreement and it requires the same stamp value as that of an agreement. No need of Rs. 100/-.

yes maintainable as the defendant agreed for the same

o. 37 does not apply to agreement on stamp paper.. it applies on bills of exchange, hundies, cheques, promissory  notes.. stamp papers are not covered in o .37 .

it can be treated as a regular suit for recovery.

you have admitted that it is signed by both borrower and guarantor  so 36 % has to be paid

Dear Ms. Mittal,

The summary suit based on the deed is maintainable. There are a lot of judgment on this issued that agreement,deeds, even purchase bills constitute the cause action to file a suit under order 37 of CPC. Further if the court find any technical defect to entertain the suit under order 37 then it can be treated as ordinary suit for recovery. But this is a very rare situation. 

Your last question I wud suggest you to go through the provision of  "The Interest Act  1978"  and find out that under which section your case is covered. Further there are judgments of supreme court and high courts on the quantum of interest awarded. So you go through the judgment to substantiate your case.

Thanks.