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Please guide experst

(Querist) 17 August 2014 This query is : Resolved 
Hi EXPERTS,

please tell me what are legal things we should know about diffrence between filing of summary suit and normal recovery suit?

for filing summary suit, there should be written debt acknowledgement by second party through bills of exchange or promissary note?

if we dont hv bills of exchange or note, can we file summary suit?

case is somebaody owe my money,i have raised invoice against him/ bills,now he is saying i will not pay you are charging extra money..

he has sign the agreement in which there is clause that he will be liable to pay amount raise by invoices..

by advocate told me we will file normal recovery suit and i knw it will take years for justice.. i want summary suit? advocate said conditions are not fullfilled for summary suit hence we cant file..

experts please guide..will appreciate

thanks
Devajyoti Barman (Expert) 17 August 2014
You all time post academic query which the experts do not attend either.

Do realise the fact that academic queries are not replied and utilise the time in positng here to read book.
Advocate. Arunagiri (Expert) 17 August 2014
It seems that the author wants to take a chance.
sonal (Querist) 17 August 2014
devajyoti sir if u think i ask academic queries then i cant do much.. i always apprecaited whanever u said this..

but today i really need experts guidance so pls i beg if u could help me last time..next time i will nt ask..i m great need..please sirr...we have to file urgent case as i mentioned..please
sonal (Querist) 17 August 2014
please experts help me..
Devajyoti Barman (Expert) 17 August 2014
I repeat you to read book, for sake of your good only.
sonal (Querist) 17 August 2014
devajyoti sir in cpc its written bills of exchange and promissary note is must..now should i have to file recovery suit?
sonal (Querist) 17 August 2014
sir i know only this much..now prob is he owns debt against me..i hv to file simple recovery suit?
Devajyoti Barman (Expert) 17 August 2014
Read book...
sonal (Querist) 17 August 2014
sir please suggest me the steps if u can.
I m in need thats y asking from you..so pls understand
thanks
Devajyoti Barman (Expert) 18 August 2014
reading book is the only solution..
Sudhir Kumar, Advocate (Expert) 18 August 2014
agreed with Mr Barman.
R.K Nanda (Expert) 18 August 2014
read law books.
ajay sethi (Expert) 18 August 2014
you can file summary suit even on basis of written contracts . read Order XXXVII of CPC
Rajendra K Goyal (Expert) 18 August 2014
Consult another lawyer and show him all the documents. In the given facts normal suit is recommended.
sonal (Querist) 18 August 2014
Thank u experts.
Ajay like always the first to help. I in debted to u sir.

Ajay sir u r right, its metion in order 37 that u can file on basis of written contracts
can in my case summary suit be filed?
he has sign the agreement
ROHIT SHARMA (Expert) 18 August 2014
1. I think your suit under order 37 Rule 2 C.P.C will survive. The conditions are fulfilled for institution of summary suit. You can discuss the issue with this lawyer. Contact me.
malipeddi jaggarao (Expert) 18 August 2014
Please do not come with academic queries at least hereafter. You should study and find out the answers. Spoon-feeding is not beneficial to you.
Dr J C Vashista (Expert) 18 August 2014
Consult your tutor or a local lawyer.
Biswanath Roy (Expert) 20 August 2014
ARE YOU TREATING US AS BRAIN BANK ? WHY DON'T YOU READ BOOKS FOR YOUR KNOWLEDGE?
V R SHROFF (Expert) 20 August 2014
Sonal,
This is expert's zone; not a training tuitions class or college;
next time do not waste our time..
No more academic query please
T. Kalaiselvan, Advocate (Expert) 22 August 2014
Experts have advised well, nothing more to add.


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