i need performa for suit for recovery

A V Vishal (Advocate) 09 August 2009

IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE :

CITY CIVIL COURT : AT ...........................

O.S. No. of 200

Between:-

Mr.......................,

S/o……………….. Aged …. years,

Occ: …………. R/o. ................ … Plaintiff

And

Mr................................,

S/o………………………, Aged …. Years,

Occ:…………….

R/o........................ …Defendant

PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC

I) DESCRIPTION OF THE PLAINTIFFS:

The address for service of all notices and summons of process to the above named plaintiff is that of his Counsel Mr........................., ….., ................)

II) DESCRIPTION OF THE DEFENDANTS:

The address for service of all summons, notices and process on the defendants is as stated above in ‘Cause Title’.

III. BRIEF FACTS OF THE CASE:

1. It is submitted that the Defendant having an acquaintance with the plaintiff approached him and requested to advance a hand loan of Rs.25,000/- (Rupees twenty five thousand Rupees only) to meet his son’s education needs. The Defendant also proposed to execute a Promissory Note for the said amount and with a simple interest @ 18% p.a. Due to that acquaintance, the Plaintiff agreed for the same and thus, the defendant has borrowed a sum of Rs.25,000/- as hand loan on 1^st January, 2005 from the Plaintiff at the Plaintiff’s home situated at Hyderabad and executed a Promissory Note for the said amount in favour of the Plaintiff and promised to repay the said hand loan within a period of 2 years from the date of execution of the promissory note. It is respectfully submitted that in spite of repeated oral demands made by the Plaintiff, the Defendant did not bother to repay the said hand Loan amount.

2. The Plaintiff having vexed with the conduct of the Defendant avoiding the repayment, got issued a legal notice to the Defendant on 1^st January, 2007 through his Counsel by way of Regd Post with Ack. Due as well as UCP, to his Residence. The Defendant received the same but did not reply.

3. The Plaintiff submits that the Defendant having borrowed the amount of Rs.25,000/- (Rupees Twenty Five Thousand only) as hand loan and having executed the promissory not is bound to repay the same to the Plaintiff who is entitled for interest on the suit amount from the date of demand i.e. 1^st January, 2007 till realisation @ 18% p.a. As the Defendant is avoiding payment, the Plaintiff has left with no option except to approach this Hon’ble Court by way of this suit. In view of the above said facts, the Plaintiff is entitled to sue the defendant.

4. The Plaintiff submits that The Defendant is liable to pay the following outstanding amount:

(i) Promissory Note Amount : 25,000.00

(ii) Interest on 25,000 @ 18% p.a. From

01.01.2005 as on date filing of the suit : 9,000.00

---------------

34,000.00

----------------

Therefore, the Defendant has to pay a total sum of Rs.34,000/- (Rupees Thirty Four Thousands Only) to the Plaintiff as on the date of filing of the present suit. Hence, this suit.

IV. CAUSE OF ACTION : The cause of action for the suit arose on 01.01.2005 when the Defendant borrowed the amount and executed pro-note and on 01.01.2007 when the Plaintiff got issued a legal notice to Defendant calling upon defendant to repay the amount and still subsists.

V. VALUATION: The relief of recovery of money under Sec. 20 of APCF & SV Act and CF of Rs is paid thereon and the same is sufficient.

VI. JURISDICTION: The Plaintiff is residing at Hyderabad and the Defendant borrowed the said loan amount from the Plaintiff at the residence of the Plaintiff and hence this Hon’ble Court is having territorial & pecuniary Jurisdictions to entertain the present suit.

VII. DECLARATION : The Plaintiff has not filed any suit against the Defendant and no suit is pending between the parties in respect of the relief being claimed in this suit.

VIII. LIMITATION : The Defendant borrowed the said hand loan amount on 01.01.2005 and the legal notice issued to the Defendant on 01.01.2007 and therefore the present suit is within the limitation.

IX. PRAYER :

Hence, the plaintiff herein prays that this Hon’ble Court may be pleased to pass Order and Decree in favour of the Plaintiff and against the Defendant.

(a) To direct the Defendant to pay a sum of Rs. 34,000/- together with future interest thereon, from the date of this suit, till the date of realization of the entire suit claim;

(b) To award the costs of this suit;

and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of Justice.

COUNSEL FOR THE PLAINTIFF PLAINTIFF

VERIFICATION

I, Mr..............................., S/o.----------------, Age __ years, Occ:____________. R/o.Hyderabad do hereby declare that the contents of Para III are true and correct to the best of our knowledge and believed to be true and correct, and the rest of the paras are on the basis of information and legal advice and verified on this the …. day of June, 2007 at Hyderabad .

PLAINTIFF

LIST OF DOCUMENTS FILED BY PLAINTIFFS

Sl. No.	Date	Parties	Description of Document	Page No.
1.	01.01.2005	Defendant & Plaintiff	Promissory Note in Original.
2.	01.01.2007	Plaintiff & Defendant	Office copy of the Legal Notice.
3	01.01.2007	Plaintiff & Defendant	Proof of sending Legal Notice.
4.		Plaintiff & Defendant	Acknowledgements in receipt of the notice served on the defendant.

PLAINTIFF

1 Like

Y V Vishweshwar Rao (Advocate ) 09 August 2009

Affidavrit of the Plaintff is also to be enclosed to the plaint as required u/o VI Rule 15 ( 4) C PC !

1 Like

vinjamuri ranga babu (advoctes/attorneys) 12 September 2009

hello,

kindly follow Mr Vishal's proforma

vr

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 12 September 2009

affidavit is must

Ashima Puri (Advocate) 12 September 2009

Saurav where do you stay? every state has different performa

saurav (private practice) 13 September 2009

i stay in chandigarh

Deepak Ghai (Lawyer) 07 July 2014

YES ,AFFIDAVIT IS MUST

Uday (Student) 22 August 2017

Sir, for an affidavit of the Plaintiff to be enclosed to the plaint as required u/o VI Rule 15 ( 4) C PC any particular format or sample if you have please.

i need performa for suit for recovery

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