Act & section of provision for filing suit
Querist :
Anonymous
(Querist) 31 March 2011
This query is : Resolved
Rs.1,00,000/- Hand loan given to friend - Rs.88,000/- by 4 DDs and 12,000/- cash- no written agreement - Friend gave cheque in 2008 - dishonoured- friend absconding - Civil suit filed in 2008 for recovery of said amount -suit proceeded exparte - Original cheque alongwith cheque return memo produced on record - evidence by plainatiff given - final arguments - Court querry - under which provision the suit is filed - What is the statutory provisions ?
M.Sheik Mohammed Ali
(Expert) 31 March 2011
NI ACT 138 section, at the time of final argument give expartee order the court may order to attachment of property or warrant .
Devajyoti Barman
(Expert) 31 March 2011
A civil suit for recovery of money can not be filed u/s 138 NI Act.
Your suit is out and out a money suit for which no provision is required and the court u/s 9 of cpc has been auhtorised to entertain such suit.
It is quite a surprise to know that it is the court which has raised such question.
R.Ramachandran
(Expert) 31 March 2011
Dear Mr. Sheikh, Hold on. What is filed under Section 138 N.I. Act is a complaint and not a suit. 138 N.I. matter is a criminal complaint and not a civil suit.
Dear Anonymous,
who prepared the Suit? You yourself or any lawyer? If it was prepared by a Lawyer, why don't you ask him.
It is not clear whether you filed the suit under Order XXXVII CPC.
If not, then, at best the suit will be under Order II, Rule 2, Order VI Rule w and Order VII Rule 2 CPC.
Advocate. Arunagiri
(Expert) 31 March 2011
You query seems to be imaginary. The sections and provision of law will be questioned at the time of numbering the suit itself. without the provision of law you can not pay the court fee itself.
Do you mean to say that without mentioning the provision of law the suit is numbered and set exparte?
Your query is contradictory, you say the suit set exparte and also say that it is posted for final arguments.
Please post the real situation or clear situation.
