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Anil Lalcheta   29 August 2018

How to receive back original evidence from court

Learned Advocates,

I had file a complaint 138 NIA in Hon. JMFC Court however the said complaint got dismissed due to my non presence (Advocates negligence) under 256 Cr.pc

Now my complaint was of year 2016 so it is in limitation period, so i have decided to go for Order 37 summary suit on basis of dishonored cheque....... Is my decision correct??

How to get back my original evidences such as cheque, bank memo etc from JMFC court to file summary suit?

Kindly reply and oblige


Learning

 2 Replies

Adv Deepak Joshi +917017821512 (Advocate)     29 August 2018

Dear querist,

Recovery under Order 37 summary suit is efficient remedy for recovery of legally enforceable debt.

 

Move application in competent court for release of original document as you are filling recovery suit under Order 37 Civil Procedure Code 1908.
 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

Anil Lalcheta   29 August 2018

Sir thank you for your prompt response

the application should be under what section??

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