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nisha Gupta (HW)     18 September 2015

Summary suit order 37

Dear Experts, Some land mafias made my brother to believe that they are the owner of property bearing though the same NAZOOL LAND (Government Land). Accused have sold Government Land to my brother and taken INR 17,00000 (17 Lakh). We have notarized agreement and receipt of payment on stamp paper. District Police Authority has registered the FIR No. 229/2015 u/s 420 IPC, 443 IPC etc. Investigation Officer (I.O.) has not recovered the amount (INR 17 lakh) from the accused during the investigation. Also I.O. has denied to recover the amount. My Queries are as below: a) Whether police is not responsible to recover the case property that is considerable amount of forgery. b) I want to know which civil suit is best to recover the amount. c) Summary suit order 37 under civil procedure code is applicable in such a case or not. d) Benefit of Summary suit order 37 CPC from other suits. e) Also name of other suits besides Summary suit order 37 CPC .



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 1 Replies

sagar bhatt   19 September 2015

hi... first of all .. u can not file civil suit under O 37 bcaz its nt on base of nego.instru... and second its a clear cheating..u may say in law..it s a Tort....so u hv to file suit for recove ur money with coast and compensation and that deed declared as void..... and police hv to try... but there is no mandatory order in law... yeah if u proov ur complaint is true... u can pray for ur amount in criminal court where complaint has been tried...cri.court can pass the order to pay money back to accussed from even his/ their properties...

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