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ashish lal (Advocacy)     29 September 2010

order 37 CPC: Promissory Note or something else

 

**********************************************************************************************************************

Receipt

I, X, have received Rs.30,000/- without any interest on dated March 2007 from Y. I will return this amount to Y in Feburary 2009. This loan is a friendly loan without any interest.

This receipt has been written in front of witnesses for the purpose of record and may be used in future if necessary

 

Signed by borrower on Rs 1 STAMP

 

Witnesses:

1. Signed

2.Signed

*******************************************************************************************************************

Above is translated from Hindi to English

My question is in respect of Order 37 CPC.

Whether suit for recovery under O.37 may be instituted solely on the basis of aforesaid receipt?

If yes, then whether the receipt is to be treated as promissory note or bond or something else according to Rule 1 Order 37?

 

 

 



 3 Replies

R.Ramachandran (Advocate)     29 September 2010

The above is a promissory note since it contains all the ingredients of a promissory note. A suit under Order 37 CPC can be instituted on that basis. 

ashish lal (Advocacy)     01 October 2010

Thnx for reply!!! but can it also be treated as BOND as per Stamp Act?


(Guest)

summary trails can only be instituted on bills,  recovery of money, pronote  You can file the the suit under order 37 of cpc


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