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Plaint Money Recovery Suit

1) The plaintiff loaned the defendant Rs. 25,000 on January 1st, 2005 to help with his son's education. The defendant signed a promissory note with 18% annual interest. 2) Despite repeated requests, the defendant did not repay the loan. In January 2007, the plaintiff sent a legal notice demanding repayment. 3) The plaintiff is now suing the defendant for Rs. 34,000, which includes the original loan amount plus interest accrued until the date of filing the case.

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Shruti Jagtap
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5K views4 pages

Plaint Money Recovery Suit

1) The plaintiff loaned the defendant Rs. 25,000 on January 1st, 2005 to help with his son's education. The defendant signed a promissory note with 18% annual interest. 2) Despite repeated requests, the defendant did not repay the loan. In January 2007, the plaintiff sent a legal notice demanding repayment. 3) The plaintiff is now suing the defendant for Rs. 34,000, which includes the original loan amount plus interest accrued until the date of filing the case.

Uploaded by

Shruti Jagtap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE COURT OF THE HONBLE JUNIOR CIVIL JUDGE, HYDERABAD

CITY CIVIL COURT : AT ...........................

O.S. No. of 200


Between:-

Mr.......................,
S/o……………….. Aged …. years,
Occ:
…………. R/o. ................
… Plaintiff

An

Mr................................,
S/o………………………, Aged …. Years,
Occ:…………….
R/o........................
…Defendant

PLAINT FILED UNDER SECTION 26 READ WITH ORDER VII OF CPC

I) DESCRIPTION OF THE PLAINTIFFS:

The address for service of all notices and summons of process to


the above named plaintiff is that of his Counsel Mr.........................,
….., ................)

II) DESCRIPTION OF THE DEFENDANTS:


The address for service of all summons, notices and process on the
defendants is as stated above in ‘Cause Title’.
III. BRIEF FACTS OF THE CASE:

1. It is submitted that the Defendant having an acquaintance


with the plaintiff approached him and requested to advance a hand
loan of Rs.25,000/- (Rupees twenty five thousand Rupees only) to
meet his son’s education needs. The Defendant also proposed to
execute a Promissory Note for the said amount and with a simple
interest @ 18% p.a. Due to that acquaintance, the Plaintiff agreed for
the same and thus, the defendant has borrowed a sum of Rs.25,000/-
as hand loan on 1st January, 2005 from the Plaintiff at the Plaintiff’s
home situated at Hyderabad and executed a Promissory Note for the
said amount in favour of the Plaintiff and promised to repay the said
hand loan within a period of 2 years from the date of execution of the
promissory note. It is respectfully submitted that in spite of repeated
oral demands made by the Plaintiff, the Defendant did not bother to
repay the said hand Loan amount.

2. The Plaintiff having vexed with the conduct of the Defendant


avoiding the repayment, got issued a legal notice to the Defendant on
1st January, 2007 through his Counsel by way of Regd Post with Ack.
Due as well as UCP, to his Residence. The Defendant received the
same but did not reply.

3. The Plaintiff submits that the Defendant having borrowed the


amount of Rs.25,000/- (Rupees Twenty Five Thousand only) as hand
loan and having executed the promissory note is bound to repay the
same to the Plaintiff who is entitled for interest on the suit amount
from the date of demand i.e. 1stJanuary, 2007 till realisation @ 18%
p.a. As the Defendant is avoiding payment, the Plaintiff has left with
no option except to approach this Hon’ble Court by way of this suit. In
view of the above said facts, the Plaintiff is entitled to sue the
defendant.

4. The Plaintiff submits that The Defendant is liable to pay the


following outstanding amount:

(i) Promissory Note Amount : 25,000.00


(ii) Interest on 25,000 @ 18% p.a. From
01.01.2005 as on date filing of the suit : 9,000.00
---------------
34,000.00
---------------
-
Therefore, the Defendant has to pay a total sum of
Rs.34,000/- (Rupees Thirty Four Thousands Only) to the Plaintiff as
on the date of filing of the present suit. Hence, this suit.
IV. CAUSE OF ACTION : The cause of action for the suit arose on
01.01.2005 when the Defendant borrowed the amount and executed
pro-note and on 01.01.2007 when the Plaintiff got issued a legal notice
to Defendant calling upon defendant to repay the amount and still
subsists.
V. VALUATION: The relief of recovery of money under Sec. 20 of APCF
& SV Act and CF of Rs is paid thereon and the same is
sufficient.

VI. JURISDICTION: The Plaintiff is residing at Hyderabad and the


Defendant borrowed the said loan amount from the Plaintiff at the
residence of the Plaintiff and hence this Hon’ble Court is having
territorial & pecuniary Jurisdictions to entertain the present suit.

VII. DECLARATION : The Plaintiff has not filed any suit against the
Defendant and no suit is pending between the parties in respect of the
relief being claimed in this suit.

VIII. LIMITATION : The Defendant borrowed the said hand loan


amount on 01.01.2005 and the legal notice issued to the Defendant on
01.01.2007 and therefore the present suit is within the limitation.

IX. PRAYER :

Hence, the plaintiff herein prays that this Hon’ble Court may be
pleased to pass Order and Decree in favour of the Plaintiff and against
the Defendant.

(a) To direct the Defendant to pay a sum of Rs. 34,000/- together


with future interest thereon, from the date of this suit, till the date
of realization of the entire suit claim;
(b) To award the costs of this suit;

and to pass such other order or orders as this Hon’ble Court may
deem fit and proper in the circumstances of the case in the interest of
Justice.
COUNSEL FOR THE PLAINTIFF PLAINTIFF

VERIFICATION
I, Mr..............................., S/o.----------------, Age __ years,
Occ:____________. R/o.Hyderabad do hereby declare that the
contents of Para III are true and correct to the best of our knowledge
and believed to be true and correct, and the rest of the paras are on
the basis of information and legal advice and verified on this the ….
day of June, 2007 at Hyderabad .
PLAINTIFF

LIST OF DOCUMENTS FILED BY PLAINTIFFS

Sl. Page
Date Parties Description of Document
No. No.

Defendant &
1. 01.01.2005
Plaintiff Promissory Note in Original.
Plaintiff &
2. 01.01.2007 Office copy of the Legal Notice.
Defendant
Plaintiff &
3 01.01.2007 Proof of sending Legal Notice.
Defendant
Plaintiff & Acknowledgements in receipt of the
4.
Defendant notice served on the defendant.

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