Recovery of money! Do you currently have any concerns about this?
You may have lent money to others in the past, but things didn’t work out, and they didn’t repay you. Or do you like to get your money back from other people?
You won’t need to worry about it any longer. You may be curious as to “how” and “why.” It’s critical to comprehend the process involved in bringing a lawsuit to collect money if you’re thinking about doing so. In this article we will learn how to draft the suit for recover your money, the rules governing money recovery in India, and other crucial information.
A money recovery suit is an effective and efficient approach to collect a debt from the debtor. Suing a debtor is the civil procedure for money recovery. It is the act of bringing a lawsuit before a court with the necessary authority.
As per Order 6, every suit shall be instituted by presenting a plaint in duplicate and any plaint not filed in duplicate can be rejected under Order 7, Rule 11 of the CPC.
According to Section 7, cl (i) of the Court Fees Act, 1870, “in suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically) court fees is payable according to the amount claimed.”
As per Order 6 Rue 15 which was amended on 1 July 2002, a supporting affidavit is also required to be filed along with the suit and as per Order 7 Rule 14, documents are also required to be filed by plaintiff along with the plaint as relied by plaintiff and before filing the suit, the pecuniary and territorial jurisdiction is also required to be checked.
Limitation as provided in Articles 6 to 25 of the Limitation Act, 1963 is applicable on the recovery suit and the time from which the said period begins to run is also given in Articles 6 to 25 of the said Act.
An ordinary suit for recovery of money can be filed at any of the given territorial jurisdiction:
- Place where the defendant(money defaulter) resides.
- Place where the defendant runs his/her business or has a medium of earning.
- Place where the cause of action arises either wholly or partially.
This was about territorial jurisdiction, but we need to keep in mind pecuniary jurisdiction also. Like where to file the case, be it district court, high court, or supreme court.
Draft of ordinary civil suit for recovery of money
IN THE COURT OF DISTRICT JUDGE……………………………………….
Suit No……….
Shri……………… Plaintiff
Versus
Shri……………. Defendant
SUIT FOR RECOVERY OF RS………………
Sir,
The plaintiff above named most respectfully submits as under:
1. That the plaintiff is engaged in business of transportation and the defendant hired the services of the plaintiff for transporting goods from Delhi to Mumbai for full truck loads.
2. That the defendant was to make payment of the freight charges on delivery of the goods at Mumbai but the defendant avoided the said payment at Mumbai and the consignee at Mumbai informed the plaintiff that the payment will be made by defendant at Delhi.
3. That accordingly, the plaintiff approached the defendant for making payment of the said freight charges of transportation from Delhi to Mumbai of the truck load, but the defendant avoided the same without any cause or justification.
4. That the defendant has got no right to withhold the payment of the plaintiff after availing the services of the plaintiff for transporting the goods of the defendant from Delhi to Mumbai which were safely delivered, and a delivery certificate duly signed by the consignee was also submitted to the defendant.
5. That as the defendant avoided making the payment, the defendant was served with a legal notice dated………..through the counsel for the plaintiff which was duly received by the defendant per AD received back duly signed.
6. That even after receipt of the legal notice, the defendant has failed to make the payment and as the defendant has not made the payment, the plaintiff is left with no alternative but to file the instant suit.
7. That not making payment after availing services shows ulterior and mala fide motive of the defendants which has also resulted in wrongful gain to the defendant and wrongful loss to the plaintiff.
8. That as the defendant has failed to make the payment after availing the services of the plaintiff, the defendant is liable to pay the amount along with interest at the rate of………….per annum from………to the date when the payment is actually made by defendant.
9. That defendant up to now is liable to pay the following amount:
Towards freight Charges Rs.
Toward Interest @…………..P.A. Rs.
From………………To………………
Total Rs……………………………
10. That cause of action arose on …………when the goods transported form Delhi to Mumbai and it further arose on …………….when the plaintiff approached the defendant for making payment of the freight charges and the delivery certificate was submitted to the defendant and cause of action is daily arising as the defendant have failed to make payment even up to now.
11. That the value of suit for the purpose of court fees and jurisdiction has been fixed at Rs…………..on which a court fees of Rs……………..has been affixed.
12. That the services of the plaintiff were engaged at Delhi, goods were transported from Delhi, freight charges were payable either at Delhi or at Mumbai as such this court has the jurisdiction to try and adjudicate upon the instant suit.
PRAYER
The Plaintiff prays for the following reliefs:
(i) That a decree for a sum of Rs………..may be passed in favour of the plaintiff and against the defendant.
(ii) That pendente lite and future interest may be awarded.
(iii) That any other relief/reliefs which this court may deems fit and appropriate under the circumstances may be passed in favour of plaintiff and against the defendant.
Plaintiff
Through
Counsel
VERIFICATION
Verified at……..on this……… that the contents of paras 1 to 10 are correct as per my own knowledge and contents of paras 11 to 13 are correct as per the information received and believed to be correct.
Plaintiff
Affidavit which is filed along with civil suit for recovery of money
IN THE COURT OF DISTRICT JUDGE……………………………………….
Suit No……….
Shri……………… Plaintiff
Versus
Shri……………. Defendant
SUIT FOR RECOVERY OF RS………………
AFFIDAVIT
Affidavit of Shr……………….R/O……………………
The Deponent do hereby solemnly affirm and declare as under:-
1. That the accompanying suit has been drafted by my counsel as per my instructions and statement of facts made therein is correct to my own knowledge and statement of law made therein is correct as per information received and believed to be correct.
Deponent
VERIFICATION
Verified at………..on this……………. day of ………..that the contents of above affidavit are true to my knowledge and nothing material has been concealed therefrom.
Deponent
Draft of Written Statement of ordinary civil suit for recovery of money
IN THE COURT OF DISTRICT JUDGE……………………………………….
Suit No……….
Shri……………… Plaintiff
Versus
Shri……………. Defendant
Date of Hearing:-…………………..
WRITTEN STATEMENT
Sir,
The Defendant above named in reply to the suit of the Plaintiff respectfully submit as under:
PRELIMINARY OBJECTIONS
1. That the suit was framed and filed is not maintainable under the given provisions of law and serves dismissal straightway being barred by limitation.
2. That the suit was framed and filed is not properly valued for the purposes of Court Fees and jurisdiction; hence deserve dismissal.
3. That the plaintiff has got no locus standi to file the instant suit; hence the suit deserve dismissal.
4. That the suit as framed and filed is without cause of action; hence deserve dismissal.
REPLY ON MERITS
1. That Para 1 of the plaint needs no reply.
2. That the contents, contentions, averments and assertions contained in para 2 under reply are false, frivolous, wrong, incorrect, vague, absurd, misconceived, misrepresented, mischievous and hence vehemently denied. It wrong and denied that the defendant was to make any payment of freight charges on the delivery of the goods as alleged. The part payment in respect of the freight charges was paid to the plaintiff in advance at the time of booking of the consignment and remaining amount was payable only when the goods are delivered in perfect condition but the plaintiff has failed to deliver the same in perfect condition and have delivered the goods in damaged condition; hence is not entitled to any freight charges.
3. That the contents, contentions, averments and assertions contained in para 3 under reply are false, frivolous, wrong, incorrect, vague, absurd, misconceived, misrepresented, mischievous and hence vehemently denied. It is pertinent to mention here that the plaintiff is not entitled to the transportation charges from Delhi to Mumbai for the truck load as the goods have not been delivered at Mumbai for the truck load and as the goods have not been delivered at Mumbai in perfect condition as promised.
4. That the contents, contentions, averments and assertions contained in para 4 under reply are false, frivolous, wrong, incorrect, vague, absurd, misconceived, misrepresented, mischievous and hence vehemently denied. The plaintiff has failed to deliver the promised goods in perfect conditions. The defendant has right to withheld the payment as mentioned in contract if goods would not delivered in perfect and good conditions.
5. That Para 5 the plaint is wrong and vehemently denied. The receipt of the notice is not denied. However since the notice was a frivolous one based upon facts stated by plaintiff, the same was not replied to.
6. That Para 6 of the plaint is wrong and vehemently denied as the defendant was not supposed to make the payment; hence the notice under reference was no consequence.
7. That the contents, contentions, averments and assertions contained in para 7 under reply are false, frivolous, wrong, incorrect, vague, absurd, misconceived, misrepresented, mischievous and hence vehemently denied. It is wrong and denied that not making payment after availing services shows ulterior and mala fide motive as alleged as it is the other way round as the plaintiff was supposed to deliver the goods in perfect condition and has failed to do so; hence is not entitled to the transportation charges.
8. That the contents, contentions, averments and assertions contained in para 8 under reply are false, frivolous, wrong, incorrect, vague, absurd, misconceived, misrepresented, mischievous and hence vehemently denied. When the defendant is not liable to make payment of the transportation charges, the question of paying interest does not arise.
9. That Para 9 of the plaint is wrong and vehemently denied. The defendant is not liable to make any payment; hence the para under reference is of no consequence.
10. That the contents, contentions, averments and assertions contained in para 10 under reply are false, frivolous, wrong, incorrect, vague, absurd, misconceived, misrepresented, mischievous and hence vehemently denied. It is wrong and denied that any cause of action has arisen in favour of the plaintiff and against the defendant as the plaintiff has failed to deliver the goods as agreed.
11. That Para 11 of the Plaint is wrong and vehemently denied. The suit has not been properly valued for the purpose of court fees and jurisdiction.
12. That Para 12 of the Plaint is wrong and vehemently denied. However, the jurisdiction of this Hon’ble Court is not denied.
The prayer of the plaintiff is false, frivolous and misconceived. The suit deserves dismissal with costs.
Defendant
Through
Counsel
VERIFICATION
Verified at………..on the……..day of…………….. that the contents of para 1 to 9 of reply on merits are correct to my own knowledge and contents of paras 1 to 4 of preliminary objections and those of paras 10 to 12 of reply of merits are correct as per information received and believed to be correct. Last para contains prayer to this Hon’ble Court
Defendant
Affidavit which is filed along with Written Statement of ordinary civil suit for recovery of money
IN THE COURT OF DISTRICT JUDGE……………………………………….
Suit No……….
Shri……………… Plaintiff
Versus
Shri……………. Defendant
Affidavit
Affidavit of Shri….S/o Shri…………… R/o…………………..
The Deponent do hereby solemnly affirm and declare as under:-
1. That the accompanying written statement has been drafted by my counsel as per my instructions and statement of facts made therein is correct to my own knowledge and statement of law made therein is correct as per information received and believed to be correct.
Deponent
VERIFICATION
Verified at………..on this……………. day of ………..that the contents of above affidavit are true to my knowledge and nothing material has been concealed therefrom.
Deponent