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Bunny Chintu   21 October 2024

suit for recovery money

Dear learned experts,
a person given a loan of rs.10,00, 000[ten lakhs] to a person on different dates and all are with in three years .but my question is that can't I file a suit for recovery on the 5 promissery notes in a single suit by paying separate court fees on the respective promotes? give me an advice as court returned to file separate suit .
thanq .


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     21 October 2024

You can combine all the five promissory notes and file a single money recovery suit by consolidating the court fee .

Advocate Bhartesh goyal (advocate)     22 October 2024

If the opposite parties are different then you have to file separate suit for each promissory  note  for recovery of money.

Sankalp Tiwari   22 October 2024

In India, for example, every promissory note would be an independent source of action so that when the same person has lent money based on several different promissory notes, he must file a separate action to recover the amount due on each note. This is because every note represents an independent contract and, hence, every independent source of action which had to be tested by the court in terms of its validity, enforceability, and defense separately.
In your case, where you had advanced a loan of ₹10,00,000 through five separate promissory notes spread over three years, the court has rightly restored your single suit and directed separate suits to be filed. Though all transactions are interlinked and taken in a short time, still they are different financial transactions under the Indian law. This means you cannot group the claims under all the five notices in one action unless there is either a precedent in law or clause of law allowing consolidation, which is hardly common in cases such as these.

To move ahead, you have to file different suits for each and every promissory note. Each suit will also involve the court fee that differs with each amount claimed in the corresponding note. Although this may look cumbersome it is absolutely necessary for the purpose of ensuring that each and every promissory note gets a correct judgment along with the recovery process being sound legally. Otherwise, if the same is not filed separately some procedural complications or further delay would happen.





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