SUIT FOR THE RECOVERY OF MONEY UNDER ORDER XXXVII OF C.P.C., 1908

IN THE COURT OF SR. JUDGE SHRI RAJ DEHRADUN DISTRICT, UTTARAKHAND

Civil Suit. No.

(Under Order XXXVII of The C.P.C., 1908)

IN THE MATTER OF:

Mr. Kanha………………………………………………………………………. Plaintiff.

 

Versus

Mr. Shyam……………………………………………………………………. Defendant.

SUIT FOR THE RECOVERY OF 25,00, 000 (Twenty-five lakh rupees only) UNDER ORDER XXXVII OF C.P.C., 1908.

 

Most Respectfully Shweth:

 

  1. Plaintiff named Kanha S/O Nanda r/o clement town, 16 / 162, is a renowned builder in Dehradun city, Plaintiff had taken various projects and completed them in due time.
  2. Defendant named Shyam a/a 26 years is an Individual and land owner of the property.
  3. Defendant approached plaintiff for construction of a four-storey building on the land of plaintiff. They mutually entered into an agreement to construct building by the plaintiff amounting to Rupees 1 crore within 10 months of the execution of the agreement. A true copy of the agreement is annexed with the plaint as annexure 1.
  4. That the construction of said building started on 9th Dec 2018, the first payment on completion of first storey is received by plaintiff on 26 Dec 2018 with the amount of rupees 25 lakhs (Twenty- five lakhs only), the second instalment was received on 17 Jan, 2019, similarly third instalment of rupees 25 lakhs (Twenty-five lakh rupees only) was duly received on completion of third story.
  5. On the completion of fourth storey, a cheque of rupees 25,00,000 (Rupees twenty-five lakhs only) was received by plaintiff. The copy of the cheque & memo is attached as Annexure 2. Therefore, the defendant has failed to pay the required sum of money.
  6. The Plaint: instituted in the right count and the court has the jurisdiction to entertain this suit.
  7. That no other suit is filed by the plaintiff at any other Hon’ble court.
  8. This plaint is filed under Order XXXVII OF C.P.C. and the court has Jurisdiction to try, and no relief outside order C.P.C, 1908 has been claimed in the plaint.
  9. That the plaintiff demands the sum of 28,00,000 (Rupees twenty-eight lakhs only) inclusive of interest @ 18% p.a., the defendant is required to pay 28,00,000 (twenty-eight lakhs rupees only).

 

 

 

PRAYER:

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

  • Pass a decree for rupees 28,00,000 /- (twenty-eight lakh rupees only) with interest @ 18% per annum from 26.09.2018 up to the date, of filing the suit in favour of the plaintiff, ant against the defendant;
  • award pendent lite and future interest at the rate of, 18% per annum on the above stated amount of rupees 28,00,000 (Twenty – eight lakh rupees only) with interest @ 18% per annum from 26.09 2018 up to the date of filing the suit in favour of the plaintiff and against the defendant;
  • Award cost of the suit in favour of the plaintiff and against the defendant and;
  • pass such other and further order(s) as may be deemed fit and proper on the facts and circumstances of this case.

 

Plaintiff

Through

Advocate

Place:

Date:

 

 

 

 

 

VERIFICATION:

Verified at Dehradun on this 1st day of 2018 that the contents from para 1 to 9 of the paint are true to my knowledge derived from the records of the plaintiff maintained in the ordinary of its business, those of paras 7 to 9 are true on information received and believed to be true and last- para is the humble prayer to this Hon’ble Court.

 

Plaintiff

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