I went to my relative's city and gave cash loan, received promissory note from him, so pronote was executed at his city. I live in a city which is about 700kms away from my relative city. He never returned my money, so I went to his city, met village officer to get the survey number and EC of his assets, to attach his properties before judgement. My relative and his 2 sons threatened me to go away and objected to enquire about their assets, used bad words and insulted me. If I get provoked and charge back, it will result in police case and I have to travel frequently to police station and court in uncle city. In such situation, if I file case in his city, it will definitely lead to fights and arguments. I informed this to my lawyer and he said, let us send notice and wait for uncle reply, if he objects in his reply then we must file in uncle city, if no reply from him then file in your city.
My Lawyer sent notice to him saying "you borrowed an amount of Rs. 1,00,000/- on dd.mon.yyyy and executed a promissory Note on the same date at my client's house at client city. There has been no reply for over 40days from my uncle.
My lawyer is saying: since your uncle has not objected executing the promisory note in client city, we can go ahead and file the money recovery suit in client city.
what are the risks in filing in my city, while the pronote was executed in my uncle city and no reply for legal notice from uncle?
In reply to my money recovery suite, what if my uncle says that he was in his city and never came to client city on that particular date on which pronote was executed? he might bring some of his neighbours and friends as witness saying my uncle was in his city on that date with the witness, etc
Similarly I can bring one or two witness near my home.
