SAMPLE DRAFT OF PLAINT : RECOVERY OF MONEY

IN THE COURT OF JUNIOR CIVIL JUDGE OF_________

 C.S. (OS) NO._ OF 2020

 

IN THE MATTER OF:

 

M/s.____________

S/O ____________

R/O ____________                                                                             PLAINTIFF

                                                        VERSUS

M/s. ___________

S/O ____________

R/O ____________                                                                             DEFENDANT

 

 

SUIT UNDER ORDER XXXVII OF THE COODE OF CIVIL PROCEDURE, 1908 FOR RECOVERY OF _____/- (RUPEES ______ ALONG WITH PEDENTE LITE INTEREST AT THE RATE OF 5% PER MENSEM TILL THE DATE OF RELAIZATION)

 

 

MOST REPECTFULLY SHOWETH:

 

  1. That the plaintiff is a senior citizen aged about 73 years suffering from several old age diseases i.e., High blood pressure, high diabetes, liver cirrhosis, PTCA surgery and is presently residing at the address mentioned in the title of the petition. Copy of the doctor’s prescriptions and medical treatment papers of the plaintiff are annexed herewith as ANNEXURE A for the kind perusal of this Hon’ble court.
  2. That the defendant is having a good family relation with the plaintiff for more than 20 years.
  3. That in the first week of June 2018, defendant approached the plaintiff and requested him for financial help by lending loan. When the plaintiff asked about the assurance for return of loan amount, then the defendant agreed to write a promissory note.
  4. That after getting the assurance from the defendant and considering family relations plaintiff issued a cheque of Rs. ___/- in favour of defendant, drawn on ___ bank, and the same was duly honoured on 4/06/2018. As a guarantee of return, defendant signed a promissory note in favour of plaintiff for a sum of Rs ___/- along with the interest at the rate of 5 % per mensem for 6 months. Copy of bank account statement of plaintiff reflecting transfer of money and original copy of promissory note is attached herewith as ANNEXURE B and C for the kind perusal of this Hon’ble court.
  5. That after passing of 6 months when the plaintiff asked the defendants to return the loan taken by them, then the defendant asked for some more time and said that he is about to receive some money and will return the same within month.
  6. That in last week of April 2019, when plaintiff asked the defendant to return the loan amount along with the interest as agreed then defendant said that he will make payment within the week.
  7. That on 09/05/2019 the defendants transferred Rs. ___/- as a part payment in the bank account of plaintiff and further asked for some more time. Copy of bank account statement reflecting of Rs. ____/- is attached herewith as ANNEXURE D for the kind perusal of this Hon’ble court.
  8. That in the month of December 2019, when plaintiff asked the defendants to return the loan amount along with the interest then, the defendant handed over a post dated cheque, dated 20/03/2020, bearing no. ____, drawn of _____ bank foor a sum of Rs. ____/- with an assurance that the cheque will be honoured when presented and further said to present the same in the month of March 2020.
  9. That in month of March 2020, the defendant asked the plaintiff not to present the aforesaid cheque and stated there is insufficient balance in his account and further the defendant asked plaintiff to wait for few days.
  10. That after being felt cheated several times, on 19/12/2020 plaintiff sent a demand notice and asked for the return of loan amount from the defendant along with the interest but the defendant have neither replied to the demand notice nor made and payment till date. Copy of the demand notice sent to the defendant are annexed here as ANNEXURE E for the kind perusal of this Hon’ble Court.
  11. That on 30/01/2021 when the plaintiff presented the cheque bearing no. ___ drawn on ___ bank, the same was return dishonour with a remark “Funds Insufficient”. Copy of the cheque and return memo is attached as ANNEXURE F for the kind perusal of this Hon’ble Court.
  12. That after the dishonour of the aforesaid cheque, plaintiff immediately contacted the defendant and informed about the dishonour of the cheque due to insufficient funds in the bank account then the defendant said “jab paise hone de denge, marne wala hai aur paise ki padi hai” when I said “ye kya tarika hai baat karne ka” then the defendant said “juthe case me ander karwa dungi, police walon ko janti hu” and further started abusing me in dirty and filthy languages.
  13. That the plaintiff under these circumstances is seeking the intervention of this Hon’ble court for a recovery of Rs. ____/- along with interest @ 5% per month till date of realization. Hence, the present suit.
  14. That the plaintiff has suffered and is still suffering irreparable loss, harm and injury owe to the wrongful acts of the defendant which cannot be compensated in terms of money.
  15. That the plaintiff has a strong prima facie case and the balance of convenience also lied in favour of the plaintiff and against the defendant.
  16. That this Hon’ble Court has territorial jurisdiction to try and entertain the present suit, since the plaintiff and the defendant is resident of ___ and they are residing in territorial jurisdiction of this Hon’ble court and cause of action has also arisen in Delhi.
  17. That this Hon’ble Court has pecuniary jurisdiction to try and entertain and decree the present suit. The present suit is valued for the purpose of court fee and Jurisdiction is valued at Rs. ___ on which proper and requisite court fee of Rs. ___ has been affixed on the plaint.
  18. That the plaintiff undertakes to pay, such additional court fee, if any as and when this Hon’ble Court directs at the time of passing of final decree.
  19. That the present suit is being filed within the limitation period as specified in the Limitation Act, 1908

 

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

  1. Pass a decree for recovery in favour of plaintiff thereby directing the defendant to pay a sum of Rs.—– along with pedente lite.
  2. Pass the pendente lite interest and future interest @ 5% per mensem in favour of the Plaintiff till the date of realization of the loan advanced by the plaintiff to the defendant.
  3. Pass the cost of the suit in favour of the Plaintiff and against the defendant..

Any other order or relief that this Hon’ble Court deems fit and proper may be pleased to pass in favour of the Plaintiffs and against the Defendants, in the interest and furtherance of justice.

Prayed Accordingly.

PLAINTIFF

THROUGH

DELHI

DATED:                                                                                               

___& __ASSOCIATES

COUNSEL FOR PLAINTIFF

                                                                                                     OFF AT: ­­­______

 

VERIFICATION:

Verified at Delhi on this       day of ——–, 2021 that the contents of para no. –to –of the above plaint are true and correct to my knowledge, whereas para —to —are true and correct on the basis of information received and believed to be true. Last para is the prayer to this Hon’ble Court.

PLAINTIFF

 

 

 

 

 

IN THE HON’BLE COURT OF JUNIOR CIVIL JUDGE OF ___

C.S. (OS) NO._ OF 2020

 

IN THE MATTER OF:

 

M/s.____________

S/O ____________

R/O ____________                                                                                            Plaintiff

 

VERSUS

M/s. ___________

S/O ____________

R/O ____________                                                                                           Defendant

 

 

AFFIDAVIT

I, Sh. __, S/o ____ R/o_____, do hereby solemnly affirm and declare as under:

  1. That the Deponent is plaintiff in the accompanying Suit and well conversant with the facts and circumstances of the present suit, hence competent to file and swear this affidavit.
  2. That the accompanying summery suit has been drafted by counsel of the Deponent under his instruction and the same has been read over to him in his vernacular language.
  3. That the contents of the accompanying suit may be treated as part and parcel of this affidavit and the same is not repeated for the sake of brevity and to avoid repetition.

                 DEPONENT

VERIFICATION:

 

Verified at Delhi on this       day of February, 2021 that the contents of the above affidavit are true and correct to my knowledge and belief and nothing therein is false and no material has been concealed there from.                                                                                                                                                                                                                  DEPONENT

 

 

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